Citation : 2021 Latest Caselaw 18 Tel
Judgement Date : 5 January, 2021
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.24687 of 2020
ORDER:
This Writ Petition is filed seeking the following relief:
"... to issue Writ, order or direction more particularly one in the nature Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Sub-Inspector of Police (Civil) by implementing the orders of the Hon'ble Tribunal dated 08.12.2011 passed in O.A.No.9279 of 2010 though the petitioner is fully eligible and qualified for promotion to the post of Sub-Inspector of Police (Civil), as illegal, arbitrary, unjust, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Sub-Inspector of Police (Civil) with all consequential benefits by implementing the orders of the Hon'ble Tribunal dated 08.12.2011 passed in O.A.No.9279 of 2010 and pass such other order or orders as this Hon'ble Court may deem fit and proper."
Heard Sri D. Balakishan Rao, learned counsel appearing
for the petitioner, and the learned Government Pleader for
Services appearing for the respondents.
The petitioner has filed this writ petition praying to
implement the directions issued by the Andhra Pradesh
Administrative Tribunal (for short 'the Tribunal') in the Original
Application filed by him. Earlier, Sri M. Prabhakar Raju filed
W.P.No.199 of 2019 praying to implement the directions of the
Tribunal as affirmed by this Court. The plea raised by the
respondents - Police was that review petitions filed in the Writ
Petition are pending and, therefore, the respondents - Police
would implement the directions of the Tribunal only after the
decision in the review petitions. The said plea was not accepted
and Writ Petition was disposed of directing the respondents to
implement the directions of the Tribunal. In compliance
thereof, orders were passed on 11.07.2019 granting promotion
to the petitioner therein.
O.A.No.8109 of 2010 and batch were allowed by order
dated 24.02.2012. Writ Petitions filed against the said orders
are dismissed. In terms thereof, the petitioner is entitled to
promotion as Sub-Inspector of Police, but he is not granted any
such relief.
Having regard to the contention of learned counsel for the
petitioner that the petitioner is also similarly situated and
judgment made in his favour by the Tribunal has become final,
the Writ Petition is disposed of directing the respondents -
Police to consider the claim of the petitioner for promotion to
the post of Sub-Inspector of Police (Civil) in full compliance of
the directions issued by the Tribunal, if he stands on par with
Sri M. Prabhakar Raju, who filed W.P.No.199 of 2019, without
waiting for disposal of review petition. No equities can be
claimed by the petitioner, if the review petition filed by the State
is allowed. No order as to costs.
Miscellaneous petitions, pending, if any shall stand
closed.
_______________________________ ABHINAND KUMAR SHAVILI,J 05.01.2021 vv
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.20409 of 2020
17.11.2020 (Msr)
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