Telangana High Court
B.Janardhan vs The Inspector General Of Police on 5 December, 2022
Bench: E.V. Venugopal
HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.42387 of 2022
ORDER:
1. This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in
the nature of Writ of mandamus, declaring the action of the
respondents in not regularizing the services of the petitioner in
the category of Sub Inspector of Police with effect from
16.10.2007 the date on which he was promoted as Sub
Inspector of Police on out of turn basis and thereby not revising
his promotion to the higher posts of Circle Inspector of Police by
implementing the orders of the Honble Tribunal dated
13.12.2013 passed in O.A.No.8783 of 2013 while
implementing the similar directions in respect of similarly
situation persons based on the directions of this Honble Court
vide C.No.124/A1-Estt/MZ-1/2022, dated 22-9-2022 without
any justification or reasonable cause on the untenable ground
that the petitioner has not approached this Honble Court and
obtained orders is 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 regularization of his services with
effect from 16-10-2007 the date on which he was promoted as
Sub Inspector of Police on out of turn basis and confer notional
seniority in the higher categories on that basis with all
consequential benefits including further promotion to the post of
Deputy Superintendent of Police etc by implementing the orders
of the Honble Tribunal dt.13-12-2013 passed in O.A.No.8783 of
2013 and pass such other order or orders."
2. Heard Sri D.Balakishan Rao, learned counsel
appearing for the petitioner and the learned Government
Pleader for Services appearing for respondents.
3. 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 herein.
4. 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.
5. 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.
6. Miscellaneous petitions, if any, pending in this writ
petition, shall also stand closed.
____________________________
JUSTICE E.V.VENUGOPAL
Dated: 05.12.2022
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HONOURABLE SRI JUSTICE E.V.VENUGOPAL
W.P.No.42387 of 2022
Dated:05.12.2022
VSL
