M.Seetha Ramudu vs The State Of Ap
2021 Latest Caselaw 5005 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            MAIN CASE No: W.P.No.26190 of 2021

                    PROCEEDING SHEET

SL.     DATE                           ORDER                            OFFICE
NO.                                                                      NOTE
05.   07.12.2021 NJS, J


                       Heard     the   learned   counsel    for   the
                 petitioner and learned Assistant Government
                 Pleader for Services-I.
                       The grievance of the petitioner in the
                 Writ Petition is that the respondents are not

considering the case of the petitioner for promotion to the post of Head Constable on the ground that departmental proceedings are pending against him pursuant to the Charge Memo No.6136/A6/2013, dated 21.03.2016 issued by the 2nd respondent and the same is unjust and arbitrary.

Learned counsel for the petitioner submits that the post of Head Constable is a non-selection post and referring to Rule 5(b) of Andhra Pradesh State and Subordinate Service Rules, 1996 contends that promotion to the non-selection post shall be made on the basis of Seniority-cum-Fitness and further that, the promotion may be denied only in the event of imposing a penalty pursuant to any enquiry. In support of his submissions, the learned counsel places reliance on the Judgment of the learned Single Judge dated 11.02.2021 in W.P.No.3023 of 2021, wherein Rule 5(b) of the Andhra Pradesh State and Subordinate Service Rules, 1996, fell for consideration. He also submits that in the light of the clear Rule position as also the Judgment referred to above, the respondents are not justified in denying promotion to the petitioner.

 SL.   DATE                          ORDER                               OFFICE
NO.                                                                      NOTE

Learned Assistant Government Pleader for Services-I, on the other hand, strenuously contended that as the petitioner is facing grave charges, his case cannot be considered for promotion. He places reliance on Government Orders issued in G.O.Ms.No.374, Home (Pol. D) Department, dated 04.12.2000, G.O.Ms.No.66, G.A. (Ser.C) Department, dated 30.01.1991, G.O.Ms.No.257, G.A. (Ser.C) Department, dated 10.06.99 as also Standing Order No. 74 of the Andhra Pradesh Police Manual. Referring to several contentions raised in the counter affidavit, the learned Assistant Government Pleader also submitted that along with seniority, the candidate has to fulfil other eligibility requirements of fitness and since an enquiry into the grave charges levelled against the petitioner is in progress, the petitioner's case for promotion cannot be considered.

In reply, the learned counsel for the petitioner submits that the contentions advanced with reference to A.P. Police Manual is not tenable. He submits that the Andhra Pradesh Police Manual is an administrative manual and Standing Orders therein are not mandatory in nature. He places reliance on the Judgment of the Division Bench, dated 01.04.2021 in W.A.No.384 of 2020, wherein the Hon'ble Division Bench, inter alia, opined that the Andhra Pradesh Police Manual does not supersede any Statutory Rules, Service Rules, Regulations and other Orders issued by the Government from time to time.

Be that as it may, it is not in dispute that the post of Head Constable is a non-

 SL.   DATE                        ORDER                           OFFICE
NO.                                                                NOTE

selection post and for effecting promotion, the criteria to be satisfied under Rule 5(b) of the A.P. State and Subordinate Service Rules, 1996, is seniority-cum-fitness and promotion can be withheld as a measure of penalty. It is not the case of the respondents that the petitioner has suffered any penalty which disqualifies him from getting promotion.

This Court is satisfied that the petitioner has made out a case for grant of interim orders.

In the light of clear Rule position, the reference to various G.Os., is of no consequence and this Court is not inclined to accept the submissions made by the learned Assistant Government Pleader.

Accordingly, there shall be interim direction to the respondents to consider the case of the petitioner for promotion to the post of Head Constable (non-selection post) in terms of Rule 5(b) of Andhra Pradesh State and Subordinate Service Rules, 1996, without reference to the pendency of Charge Memo No.6136/A6/2013, dated 21.03.2016 issued by the 2nd respondent, within a period of four (04) weeks from the date of receipt of a copy of this order. However, the promotion, if any, given to the petitioner shall be subject to the result of the enquiry, which is initiated against the petitioner.

List the matter after four (04) weeks.

_______ NJS, J

(Issue cc within two days) B/O Ks