THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.24689 of 2020
ORDER:
This Writ Petition is filed seeking the following relief: "... to issue Writ, order or direction more particularly one in the nature Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Sub-Inspector of Police (Civil) by implementing the orders of the Hon'ble Tribunal dated 23.07.2013 passed in O.A.No.5426 of 2013 though the petitioner is fully eligible and qualified for promotion to the post of Sub-Inspector of Police (Civil), as illegal, arbitrary, unjust, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Sub-Inspector of Police (Civil) with all consequential benefits by implementing the orders of the Hon'ble Tribunal dated 23.07.2013 passed in O.A.No.5426 of 2013 and pass such other order or orders as this Hon'ble Court may deem fit and proper."
Heard Sri D. Balakishan Rao, learned counsel appearing for the petitioner, and the learned Government Pleader for Services appearing for the respondents.
The petitioner has filed this writ petition praying to implement the directions issued by the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') in the Original Application filed by him. Earlier, Sri M. Prabhakar Raju filed W.P.No.199 of 2019 praying to implement the directions of the Tribunal as affirmed by this Court. The plea raised by the respondents - Police was that review petitions filed in the Writ Petition are pending and, therefore, the respondents - Police would implement the directions of the Tribunal only after the 2 decision in the review petitions. The said plea was not accepted and Writ Petition was disposed of directing the respondents to implement the directions of the Tribunal. In compliance thereof, orders were passed on 11.07.2019 granting promotion to the petitioner therein.
O.A.No.8109 of 2010 and batch were allowed by order dated 24.02.2012. Writ Petitions filed against the said orders are dismissed. In terms thereof, the petitioner is entitled to promotion as Sub-Inspector of Police, but he is not granted any such relief.
Having regard to the contention of learned counsel for the petitioner that the petitioner is also similarly situated and judgment made in his favour by the Tribunal has become final, the Writ Petition is disposed of directing the respondents - Police to consider the claim of the petitioner for promotion to the post of Sub-Inspector of Police (Civil) in full compliance of the directions issued by the Tribunal, if he stands on par with Sri M. Prabhakar Raju, who filed W.P.No.199 of 2019, without waiting for disposal of review petition, subject to the result of the review petition and also W.P.No.26734 of 2019 filed by the State. No equities can be claimed by the petitioner, if the review petition filed by the State is allowed. No order as to costs.
Miscellaneous petitions, pending, if any shall stand closed.
_______________________________ ABHINAND KUMAR SHAVILI,J 05.01.2021 vv