Y.Venkateshwarlu vs The State Of Telangana
2021 Latest Caselaw 19 Tel

    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                WRIT PETITION No.24689 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 23.07.2013 passed in O.A.No.5426 of 2013 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 23.07.2013 passed in O.A.No.5426 of 2013 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, subject to the result of

the review petition and also W.P.No.26734 of 2019 filed by the

State. 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