H.Kishanji vs The State Of Telangana
2021 Latest Caselaw 155 Tel

           THE HON'BLE SRI JUSTICE P.NAVEEN RAO

                 WRIT PETITION No.1402 OF 2021

                        Dated:25.01.2021

Between:

H. Kishanji, S/o. Lakshmanji,
Aged about 51 years, Assistant
Sub Inspector of Police, P.S.,
RGI Airport, Shamshabad,
Cyberabad, Hyderabad                        .. Petitioner

           And

The State of Telangana, rep., by its
Principal Secretary, Home Department,
Secretariat, Hyderabad and others            .. Respondents




This Court made the following:
                                  -2-




            THE HON'BLE SRI JUSTICE P.NAVEEN RAO

               WRIT PETITION No.1402 OF 2021

ORDER:

Heard learned counsel for the petitioner and Sri M.V. Rama

Rao, learned Special Standing Counsel for the respondents.

2. Petitioner was promoted as Head Constable on out of

seniority basis. Praying to count the entire out of seniority service

to be treated as regular and to compute the seniority in the cadre

of Head Constable, petitioner filed O.A.No.7249 of 2013.

Following the earlier judgments of the Tribunal, the said O.A. filed

by the petitioner was allowed. This writ petition is filed alleging

that the judgment of the Tribunal is not implemented and out of

seniority service is not computed, whereas the persons who were

appointed later to the petitioner are being promoted.

3. When the matter is taken up, learned Government Pleader

produced a letter dated 03.03.2020 addressed to the Special

Government Pleader for Home, wherein the Commissioner of

Police, Hyderabad City, stated that the Deputy Inspector General

of Police is the competent authority to grant promotions and

the proposals are being sent to the Inspector General of Police

for taking appropriate action. The letter also refers to various

directions issued by this Court and the implementation with

reference to others.

4. The respondent authorities also do not dispute the claim of

the petitioner for computation of out of seniority service as the

service in the cadre of Head Constable and his entitlement for

promotion as Sub Inspector of Police.

5. Similar issue was raised in W.P.No.20219 of 2019 and

batch, wherein the Tribunal granted relief as prayed for by the

petitioners therein, but the said orders of the Tribunal were not

implemented. The plea raised against implementation of the

directions was that review petitions were filed in the writ petitions

seeking review of the directions issued in the earlier judgment and

since review petitions are pending, out of seniority service is not

computed. Rejecting the said claim, the writ petitions were

disposed of directing the respondents to extend the benefit as

extended to M. Prabhakar Raju, who filed W.A.No.199 of 2019

without waiting for disposal of the review petitions.

6. Learned counsel for the petitioner submits that the said

orders are implemented and granted the benefit of out of seniority

service as the service in the cadre of Head Constable and granted

promotion of Sub Inspector of Police.

7. Learned Government Pleader for Home does not dispute

that the order of the Tribunal in O.A.No.7249 of 2013 has become

final and the respondent authorities are required to comply, but

the issue of compliance is taking time.

8. In view of the same, the writ petition is disposed of directing

the respondent authorities to comply with the directions issued

by the Tribunal dated 08.10.2013 in O.A.No.7249 of 2013

considering the claim of the petitioner to promote him as

Sub Inspector of Police, if he is otherwise eligible and qualified,

by computing out of seniority service as service in the cadre of

Head Constable. Pending Miscellaneous Petitions, if any, shall

stand closed.

____________________ P. NAVEEN RAO, J Date:25.01.2021 KH

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.1402 OF 2021

Dated:25.01.2021

KH