M.A Devadas vs The State Of Telangana
2021 Latest Caselaw 4506 Tel

   HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                        W.P.No.26469 of 2019

ORDER:

This Writ Petition is being disposed of at the admission stage

with the consent of both the parties.

2. This Writ Petition is filed seeking a Writ of Mandamus

declaring the action of the respondents in not implementing the

judgments of the High Court and the Supreme Court by assigning

notional seniority as illegal and arbitrary and consequently direct the

respondent to assign notional seniority from 2013 i.e. from the date

of eligibility as stated by the 2nd respondent-DGP vide Memo

dt.08-10-2015 with all consequential benefits.

3. Heard Smt. K.Rajya Lakshmi, learned counsel for the

petitioners and the learned Special Government Pleader appearing

for the respondents.

4. It has been contended by the petitioners that they are all

working as Police Constables (P.Cs.) and they were all converted as

Police Constables from the cadre of P.C (UR) to P.C. (Civil) during

the year 2010. Learned counsel for the petitioners has contended

that the State Government had issued G.O.Ms.No.212 dt.06-09-2013

wherein the eligibility criteria for promotion to the post of Head

Constable was reduced from 5 years to 3 years in respect of

converted P.Cs from UR to Civil. The grievance of the petitioners is 2 AKS,J W.P.No.26469 of 2019

that the said benefit of G.O.Ms.No.212 dt.06-09-2013 was not

extended to the petitioners by the respondents while fixing the

seniority of the petitioners.

5. Learned counsel for the petitioners has further

contended that the respondents have published provisional seniority

list on 04-10-2018 and the petitioners have raised their objection

requesting the respondents to extend the benefit of G.O.Ms.No.212.

But the cases of the petitioners were not considered and the same

were rejected and respondents have issued final seniority list on

28-11-2018. Learned counsel for the petitioners has further

contended that aggrieved by the said list, the petitioners have

preferred appeal to the appellate authority i.e. 2nd respondent on

02-12-2020. But so far the 2nd respondent has not passed any orders.

6. Therefore, the learned counsel for the petitioners has

contended that appropriate orders be passed in the Writ Petition

directing the respondents to consider the appeal of the petitioner

preferred on 02-12-2020 and pass appropriate orders within a

reasonable period of time.

7. Learned Special Government Pleader appearing for the

respondents has contended that the petitioners are challenging the

final seniority list but they cannot ask for implementation of the

Memo dt.04-08-2016 issued by the 2nd respondent. He has further

contended that since appeal is pending with the respondents, the 2nd 3 AKS,J W.P.No.26469 of 2019

respondent would consider the same and pass appropriate orders in

accordance with law.

8. Having regard to the rival submissions made by the

parties, this Court is of the considered view that this Writ Petition

can be disposed of by directing the 2nd respondent to consider the

appeal of the petitioner and pass appropriate orders in accordance

with law, within a period of twelve weeks from the date of receipt of

a copy of this order.

9. With these observations, the Writ Petition is disposed

of. No costs.

10. As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 20-12-2021 kvr