Telangana High Court
Mohd. Khaleel vs The Commissioner Of Police on 2 August, 2024
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITON Nos.47209 OF 2018 and 504 of 2019 COMMON ORDER:
W.P.No.47209 of 2018 is filed seeking the following relief:
"... to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in issuing provisional seniority list of Police Constables (Civil) fixing the notional seniority of the 3rd and 4th respondents above the petitioner vide proceedings No.L&O/E4/1252/2017-18 dated 09.02.2018 as illegal, arbitrary and contrary to law and set aside the same, further direct the respondents to fix the notional seniority of the petitioners above the 3rd and 4th respondents on par with 2010 batch mates with all consequential and pass such other order or orders which are deem fit and proper in the interest of justice."
W.P.No.504 of 2019 is filed seeking the following relief:
"... to issue an order or writ, particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents in issuing provisional seniority list of Police Constables (Civil) fixing the notional seniority of the 3rd and 4th respondents on par with the 2010 batch constables vide proceedings No.L&O/E4/1252/2017- 18 dated 09.02.2018 while denying the same to the petitioners as illegal, arbitrary and contrary to law and set aside the same, further direct the respondents to fix the notional seniority of the petitioners along with 3rd and 4th respondents on par with 2010 batch mates and include the name of petitioners in the provisional seniority list with all consequential and pass such other order or orders which are deem fit and proper in the interest of justice."
2 JAK, J W.P.Nos.47209/18 & 504/19
2. Heard Mrs. G.Uma Rani, learned counsel for petitioners, learned Government Pleader for Services appearing on behalf of respondent Nos.1 and 2 and Mr. N.Krishna Sumanth, learned counsel for respondent Nos.3 and 4.
2.1 Since the subject matter in both the writ petitions is common, they are being heard together. Facts in W.P.No.47209 of 2018 are being refered.
3. Brief facts:
In response to notification of 2008, petitioners along with respondent Nos.3 and 4 applied for post of Stipendiary Cadet Trainee Police Constables (SCTPC) (Civil), were successful in physical endurance and other tests and appeared for final examination. Petitioners and respondent Nos.3 and 4 belong to various categories under Backward Class community. But, they were considered under Open Category as they did not submit Certificate of non-creamy layer. Petitioners along with respondent Nos.3 and 4 and others filed O.A.No.10947 of 2009 and batch before the Andhra Pradesh Administrative Tribunal (for short 'the 3 JAK, J W.P.Nos.47209/18 & 504/19 Tribunal'). Tribunal by order dated 28.02.2011 held as follows:
"Therefore, all these OAs are allowed. The orders issued stating that the applicants were not selected are set aside. The criteria fixed in the notification for fixing the Creamy Layer by following G.O.Ms.No.3, dated 04.04.2006 is also set aside. The respondents are directed to fix the Creamy Layer as per the Government Memo No.734/C2/2000, dated 25.10.2008 i.e., Rs.4.5 lakhs and in the light of the clarification issued by the Central Government and adopted by the State Government, re-examine whether the applicants come within the Creamy Layer or not by taking into account the certificates produced by them subsequently or insist them to produce the certificates afresh and consider their case as per their merit under various Backward Class communities as per the reservation by taking into account the unfilled vacancies also. As far as the applicants in some of the O.As who belong to Muslim Community i.e., reservation in BC-E concerned, the respondents are directed to pass orders, in the light of the judgments of the Hon'ble High Court and stay orders of the Hon'ble Supreme Court. VMAs are dismissed and CAs closed."
3.1 Pursuant to orders of Tribunal, proceedings dated 05.11.2011 were issued by respondents enclosing the list of selected candidates and stating that candidates shall undergo nine months induction training at Police Training Centre, Anantapur. Petitioners and respondent Nos.3 and 4 completed their training and probation was declared on 23.09.2014.
4 JAK, J W.P.Nos.47209/18 & 504/19 3.2 Respondent Nos.3 and 4 made a representation to the concerned authorities to fix the notional seniority along with 2010 Police Constables batch instead of 2012 batch. As there was no response to the representation, respondent Nos.3 and 4 filed O.A.No.2425 of 2015, Tribunal vide interim order dated 01.05.2015 directed the Director General of Police and Commissioner of Police, Hyderabad, to consider the representation dated 16.04.2015 of respondent Nos.3 and 4 and pass appropriate orders.
3.3 Show cause notices were issued to petitioners on 04.11.2016 to submit their objections, if any, with regard to fixing of notional seniority of respondent Nos.3 and 4 on par with 2010 batch Police Constables. Petitioners submitted their objections, dated 17.11.2016, stating that petitioners and respondent Nos.3 and 4 belong to same batch and objected in fixing seniority of respondent Nos.3 and 4. By proceedings dated 25.07.2017, objections were disposed of by speaking orders. It is the specific case of petitioners that respondents issued provisional seniority list by fixing seniority of respondent Nos.3 and 4 above the petitioners 5 JAK, J W.P.Nos.47209/18 & 504/19 vide proceedings dated 09.02.2018 which is arbitrary. The said proceedings are under challenge in these writ petitions.
4. Learned counsel for petitioners submitted that petitioners along with respondent Nos.3 and 4 applied for the post of SCT PC (Civil) in response to notification of year 2008 and petitioners along with respondent Nos.3 and 4, having been selected, completed their training, probation was declared on 23.09.2014. It is further submitted that when show cause notices were issued, petitioners submitted their objections with regard to fixation of notional seniority of respondent Nos.3 and 4 on par with 2010 batch and above petitioners. It is pointed out that when petitioners and respondent Nos.3 and 4 belong to the same batch, respondent Nos.3 and 4 cannot be shown as seniors to petitioners on the basis of representation/application made pursuant to the order of Tribunal. It is submitted that official respondents did not follow proper procedure, while issuing provisional seniority list. It is lastly submitted that without considering the objections raised, fixing of notional seniority vide order dated 09.02.2018 is bad in law and arbitrary.
6 JAK, J W.P.Nos.47209/18 & 504/19
5. Learned counsel for respondent Nos.3 and 4 submitted that they were selected as Police Constables along with petitioners. It is further submitted that respondent Nos.3 and 4 along with petitioners completed their training and probation was declared. It is also submitted that respondent Nos.3 and 4 made a representation to the authorities to fix notional seniority and as there was no response to the representation, they filed O.A.No.2425 of 2015 and that Tribunal by interim order dated 01.05.2015 directed the concerned authorities to dispose of the representation. It is urged that respondent Nos.3 and 4 stand on a better footing to that of petitioners, as petitioners did not make any representation for fixation of notional seniority. It is further urged that respondent Nos.3 and 4 are entitled for being considered in terms of directions issued by Tribunal for fixation of notional Seniority. It is contended that petitioners were fence sitters and woke up only after the orders of Tribunal favouring respondent Nos.3 and 4.
6. Learned Government Pleader for Services for respondent Nos.1 and 2 submitted that petitioners along 7 JAK, J W.P.Nos.47209/18 & 504/19 with respondent Nos.3 and 4 applied for the post of SCT PC (Civil), qualified in the written examination and completed their training and probation was declared. It is further submitted that the question which falls for consideration is fixation of notional seniority of petitioners and respondent Nos.3 and 4. It is pointed out that respondent No.1 in order dated 25.07.2017, while considering the representations of respondent Nos.3 and 4 for fixation of notional seniority along with 2010 batch Police Constables instead of 2012 batch, also considered the objections/representations of the petitioners and passed speaking orders. It is further pointed out that petitioners cannot have any grievance in the light of speaking orders.
7. This Court directed learned Government Pleader for official respondents to obtain instructions as to the latest position of integrated provisional seniority list of Police Constables. Learned Government Pleader at the time of hearing of writ petitions submitted a set of written instructions. Basing on the written instrutions, it is pointed out that integrated provisional seniority list of Police 8 JAK, J W.P.Nos.47209/18 & 504/19 Constables is being prepared on uniform basis into two batches by adopting certain criteria. Integrated provisional seniority list No.1 of Police Constables is being prepared upto batch 2003, by considering the date of birth. Integrated provisional seniority list No.2 of Police Constables is being prepared for batches from year 2004 to 2021, by taking into consideration the recruitment and training marks. It is submitted that in the Memorandum dated 06.02.2024, it was stated that objections were being invited from all Police Constables being considered in the integrated provisional seniority list for finalization of list within a period of 7 days. It is further submitted that case of the petitioners and respondent Nos.3 and 4 falls under Second Batch of Police Constables from 2004-2021. It is lastly submitted that petitioners are at liberty to file objections, if any, stating their grievance with respect to the list.
8. Heard learned counsels, perused the record. Considered the rival submissions.
9. Petitioners and respondent Nos.3 and 4, pursuant to notification in 2008, applied and qualified in the written 9 JAK, J W.P.Nos.47209/18 & 504/19 examination for SCT PC (Civil), completed their training and probation was declared. Question which falls for consideration is fixation of notional seniority. It is evident from the record that petitioners along with respondent Nos.3 and 4 filed OA's before the Tribunal and Tribunal vide order dated 28.02.2011 in O.A.No.10947 of 2009 and batch, directed official respondents to consider the case of petitioners along with respondent Nos.3 and 4 in un-filled vacancies. Pursuant to directions of Tribunal, petitioners' and respondent Nos.3 and 4's training was completed and probation declared on 23.09.2014.
10. It is observed from the record that respondent Nos.3 and 4 made a representation to the concerned authorities for fixation of notional seniority and as there was no response, respondent Nos.3 and 4 filed O.A.No.2425 of 2015. Tribunal vide interim order dated 01.05.2015 directed official respondents to consider and dispose of the representation of respondent Nos.3 and 4 fixing notional seniority. Petitioners' contend that respondent Nos.3 and 4 belong to the same batch and their notional seniority cannot be fixed above that 10 JAK, J W.P.Nos.47209/18 & 504/19 of petitioners. The fact that petitioners and respondent Nos.3 and 4 belong to the same batch is not in dispute. Seniority is fixed in accordance with the rules/provisions. In Memorandum No.L&O/E4/1735/2008-16, dated 24.07.2017, respondent No.1 stated as follows:
"The objections have been examined with the rules and as per the orders of the Government/Chief Office which are in force from time to time and their representations are being considered for assigning notional seniority on par with Sri G. Pramesh, PC 3365 Tr. PS Begumpet and Sri K. Shiva Prasad, PC 4286 of Traffic PS Saifabad and accordingly a proposal will be sent to Chief Office for onwards transmission to the Government for assigning notional seniority.
Accordingly, their representations are disposed off."
11. It is relevant to extract the contents of Memorandum dated 06.02.2024, issued by Inspector General of Police, Multi Zone-II, Hyderabad:
"The Telangana Public Employment, Organization of Local Cadres and Regulation of Direct Recruitment Order, 2018 came into force in supersession of the earlier orders issued in 1975. In pursuance of the said orders, the scheme for organization of local cadres in respect of posts in various categories in Civil, Armed Reserve, TSSP, IT&C and FPB in Police department has been approved by the Government and allocation of personnel to the new local cadres has been completed as per the 11 JAK, J W.P.Nos.47209/18 & 504/19 guidelines issued by the Government vide reference 4th cited.
2. As per PO, 1975, the post of PC (Civil) and HC (Civil) was part of the District cadre. As per reference 3rd cited, the Govt. have issued orders making the post of PC (Civil) as the District cadre and the post of HC (Civil) as the Zonal cadre.
3. In view of the above, preparing the provisional zonal integrated seniority list of PCs (Civil) is necessary for effecting promotions to the rank of HC (Civil). Hence, the provisional zonal integrated seniority list of PCs (Civil) of erstwhile Districts/Commissionerates is prepared keeping in view Rule 34 of Telangana State and Subordinate Service Rules.
4. The Integrated Provisional Seniority list of PCs (Civil) is prepared according to the following criteriain uniformed basis.
1 Up to 2003 Batch By taking into Date
of Birth
2 From 2004 to 2021 By taking into R & T
batches marks
5. The Integrated Provisional Seniority list of PCs (Civil) of Zone-VI Charminar is hereby communicated with instructions to submit objections if any, regarding their placements in the said seniority list within 7 days from the date of the receipt of the seniority list. If no objections are received within the stipulated time, it will be construed that there are no objections on the said Integrated Provisional Seniority list and the same will be finalized accordingly.
6. This Memorandum together with Integrated Provisional Seniority list of PCs (Civil) of Zone- VI Charminar is placed in Police website i.e., intranet.tspolice.gov.infor information and necessary action by the individuals concerned."
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12. In the Memorandum, dated 06.02.2024, it is stated that two integrated provisional seniority lists are prepared by adopting certain criteria on uniform basis. Integrated provisional seniority list No.1 of Police Constables pertains upto the year 2003 batch, criteria adopted is the date of birth. Integrated provisional seniority list No.2 of Police Constables pertains from year 2004 to 2021 batches, criteria adopted is the recruitment and training marks. Official respondents have communicated the list to all the concerned authorities and the list is placed on the police website.
13. In view of the Memorandum, dated 06.02.2024, this Court is of the considered opinion that proceedings No.L&O/E4/1252/2017-18, dated 09.02.2018, are liable to be set aside and are accordingly set aside. Petitioners, and respondent Nos.3 and 4 in both writ petitions shall submit fresh representations within a period of two (02) weeks from the date of receipt of a copy of this order ventilating their objections and grievances in response to the integrated provisional seniority list No.2 communicated, as stated in Memorandum, dated 06.02.2024. Official respondents are 13 JAK, J W.P.Nos.47209/18 & 504/19 directed to consider the representations and pass appropriate proceedings within a period of two (02) weeks from the date of receipt of representations.
14. With the aforesaid observations, both the Writ Petitions are allowed. No costs.
Miscellaneous applications pending, if any, shall stand closed.
___________________________ ANIL KUMAR JUKANTI, J Date: 02.08.2024 PLP/KRR