Godavari Raja Sekhar vs The State Of Andhra Pradesh
2022 Latest Caselaw 8341 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

               MAIN CASE No. W.P.No. 35771 of 2022
                             PROCEEDING SHEET

Sl.                                                                      Office
                                       ORDER

No DATE Note

01. 04.11.2022 GRKP, J Heard Sri T.D.Pani Kumar, Ld. Counsel for the Writ Petitioner and Sri S.Raju, Ld. Assistant Government Pleader for Services-I.

2. Ld. Counsel for the Writ Petitioner has submitted that the Writ Petitioner was selected for the post of Police Constable on 17.11.2004 and was sent for training; on 05.03.2005 Order was passed by the Respondents to the effect that the Induction training of the Writ Petitioner is withdrawn on Medical Grounds and that he can be sent for training afresh in the next batch, if he is found fit at that time (Ex.P5); on 25.11.2005 he was again sent for training (Memo/Ex.P6); after completion of training he was allocated duties on 17.10.2006.

3. The Ld. Counsel for the Writ Petitioner further submitted that for the purpose of Seniority, the Authorities have informed him that his service would be considered from the date of allocation of duty i.e. from 17.10.2006 and not under 2003 batch that underwent training in which his training was withdrawn on Medical Grounds. Ld. Counsel for the Writ Petitioner has

W.P.No. 35771 of 2022

04-11-2022 (Contd...) drawn the attention to Rule 15 of A.P. Police Subordinate Service Rules 1959 and its interpretation by the Hon'ble Apex Court reported in A.Raghu vs. Government of Andhra Pradesh & others ((2015) 14 SCC 221). He has drawn the attention of this Court to Paragraph Nos.1, 4, 21 and 27 of the Judgment. This Judgment clearly indicates that the original batch should be the time from which the seniority would be counted and in this case the batch of 2003.

4. Sri S.Raju, Ld. Assistant Government Pleader for Services-I seeks time to obtain instructions and file suitable Counter.

5. Let the Counter be filed within two weeks.

6. The Ld. Counsel for the Writ Petitioner is given one week time thereafter to file rejoinder if any.

7. List the matter on 30.11.2022. In the meantime, the Official Respondents shall reconsider the Representation dated 23.12.2021 (Ex.P9), which is already rejected, by taking into consideration Rule 15 of the A.P. Police Subordinate Service Rules 1959 and the interpretation rendered by the Hon'ble Apex Court as regards the said Rule. The reconsideration of the Representation shall be by

W.P.No. 35771 of 2022

04-11-2022 (Contd...) a speaking order within a period of three weeks from today.

________________ GRKP, J SDP

W.P.No. 35771 of 2022

04-11-2022 (Contd...)