HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.42387 of 2022
ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the respondents in not regularizing the services of the petitioner in the category of Sub Inspector of Police with effect from 16.10.2007 the date on which he was promoted as Sub Inspector of Police on out of turn basis and thereby not revising his promotion to the higher posts of Circle Inspector of Police by implementing the orders of the Honble Tribunal dated 13.12.2013 passed in O.A.No.8783 of 2013 while implementing the similar directions in respect of similarly situation persons based on the directions of this Honble Court vide C.No.124/A1-Estt/MZ-1/2022, dated 22-9-2022 without any justification or reasonable cause on the untenable ground that the petitioner has not approached this Honble Court and obtained orders is 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 regularization of his services with effect from 16-10-2007 the date on which he was promoted as Sub Inspector of Police on out of turn basis and confer notional seniority in the higher categories on that basis with all consequential benefits including further promotion to the post of Deputy Superintendent of Police etc by implementing the orders of the Honble Tribunal dt.13-12-2013 passed in O.A.No.8783 of 2013 and pass such other order or orders."
2. Heard Sri D.Balakishan Rao, learned counsel appearing for the petitioner and the learned Government Pleader for Services appearing for respondents. 2
3. 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 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 herein.
4. 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.
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5. 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. No equities can be claimed by the petitioner, if the review petition filed by the State is allowed. No order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall also stand closed.
____________________________ JUSTICE E.V.VENUGOPAL Dated: 05.12.2022 Vsl 4 HONOURABLE SRI JUSTICE E.V.VENUGOPAL W.P.No.42387 of 2022 Dated:05.12.2022 VSL