T. Arjun And 25 Others vs The State Of Telangana And 3 Others
2022 Latest Caselaw 6500 Tel

       HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

        WRIT PETITION Nos. 11446 and 13187 of 2022

COMMON ORDER:

      Since the issue involved in both the writ petitions is one

and the same, they are heard together and being disposed of by

this common order.


2)   Heard learned counsel appearing for the petitioners and

Sri M.V.Rama Rao, Special Government Pleader, appearing for

the respondents and perused the record.

3) The present writ petitions are filed seeking issuance of

writ of mandamus to declare the action of the respondents in

not considering the claim of the petitioners for reversion from

the rank of Head Constables to Police Constables as illegal,

arbitrary and unconstitutional, and consequently to direct the

respondents to consider the claim of the petitioners for

reversion from the category of Head Constables to Police

Constables and convert them as AR Constables pursuant to the

Memo Rc.No.15/Rect/Admn.2/2022, dated 11.02.2022 for the

panel years 01.07.2018 to 30.06.2019 (2019) and 01.07.2020 to

30.06.2021 (2021) along with others as per their eligibility and

seniority in terms of the law declared by this Court in

W.P.Nos.37146 and 39280 of 2013.

4) The facts, in brief are that in order to uplift the Tribals

especially those who are natives of Scheduled Areas, the then

Government of Andhra Pradesh decided to facilitate recruitment

of tribals into police force to fill up posts exclusively from

specified tribal areas, thereby permission was accorded for

raising Special Police Battalion by recruitment of tribal youth

from scheduled areas by creating 1206 posts in various

categories. Accordingly to that extent, the Government issued

G.O.Ms.No.226 Finance (SMPC) Department, dated 14.09.2005,

for raising and formation of Special/Scheduled Police Battalion.

It is further submitted that the petitioners were selected and

appointed as Police Constables (TSSP) through direct

recruitment conducted for 15th Battalion in different spells

during the year 2007 and posted to 15th Battalion, TSSP,

Sathupalli, Khammam District. Thereafter, the petitioners were

discharging their duties to the satisfaction of the higher

authorities. The petitioners further submitted that as per the

Telangana State Police Subordinate Service Rules, category 7

(b), which states that the police constables of Telangana State

Special Police, who have completed 10 years of service, are

eligible for appointment as Police Constable in District Armed

Reserve. In view of the above, the petitioners are eligible for

promotion in their parent department or conversion into AR

constables after completion of ten years of service in 40% quota.

It is further submitted that from the beginning the petitioners

were requesting the authorities to consider their claim for

conversion into AR Constables on completion of ten years of

service as Police Constables. The request of the petitioners for

conversion into Armed Reserve (AR) was not considered on the

ground that the 15th Battalion was formulated only for tribal

youth by relaxing certain conditions. Though the petitioners are

interested for conversion into Armed Reserve Constables, the

authorities denied the opportunity for conversion into AR stating

that 15th Battalion is raised and formulated only for ST

Candidates and they were forced to accept promotion as Head

Constables. Thereafter, as per their seniority and eligibility,

the petitioners were promoted to the post of Head Constable

under Rule 10 of the Telangana State and Subordinate Service

Rules, 1996 and placed under probation vide order in

Rc.No.51/A1-Estt/2019 (D.O.No. 145/2019) dated 23.02.2019.

It is further submitted that the promotion orders are purely on

temporary basis without conferring any probationary rights and

they are liable to be reverted to his/their substantive rank at

any time without any notice and without assigning any reason

thereof.

5) It is further submitted that since formation of the 15th

Battalion, the authorities considered the Police Constables

working in 15th Battalion for conversion into Armed Reserve,

some of the police constables of 15th Battalion approached this

Court by filing W.P.No.24794 of 2019 seeking a direction for

conversion on par with other Battalion Police Constables. By an

order, dated 14.11.2019, this Court disposed of the said writ

petition directing the respondents therein to consider the claim

of the police constables working in 15th Battalion also for

conversion into Armed Reserve. It is further submitted that

while implementing the above orders of this Court, for the first

time the respondent authorities have given an opportunity to

the police constables, who are working in 15th Battalion, for

conversion into Armed Reserve Constables, along with other

Battalions and called for submission of options thereof.

Accordingly, respondent No.3 issued orders, wherein 730 Police

Constables working in various Battalions including 15th Battalion,

were selected for appointment by transfer to the post of Police

Constable (AR) (Men) and Police Constable (SARCPL) (Men)

against the vacancies earmarked under 40% quota for the panel

year 01.07.2016 to 30.06.2017 and 01.07.2017 (2017) to

30.06.2018 (2018) vide Memo in Rc.No.A2/1496/2020, dated

17.12.2020. It is submitted by the petitioners that as on the

date of issuing above proceedings, the petitioners have

completed 10 years required service for conversion in Armed

Reserve. Likewise, respondent No.3 issued another proceedings

for conversion of (121) Police Constables by appointment by

transfer to the post of Police Constable AR (Men) against 40%

quota for the panel year 01.07.2016 to 30.06.2017 (2017) and

01.07.2017 to 30.06.2018 (2018) vide order in Rc.No.1572/A1-

Estt/2019-2020 (D.O.No.899/2020), dated 21.12.2020.

Thereafter, the authorities have once again called for options

for appointment by transfer of Police Constables from TSSP to

AR/SAR CPL for the panel year 01.07.2018 to 30.06.2020 (2020)

and 01.07.2020 to 30.06.2021 (2021) seeking willingness of the

constables working in various battalions vide Memo

Rc.No.15/Rect/ Admn.2/2022, dated 11.02.2022.

6) The grievance of the petitioners is that though they are

eligible and interested for conversion into Armed Reserve their

claim was denied only on the ground that the 15th Battalion was

formulated for only Scheduled Tribe candidates and cannot be

treated on par with other Battalions. The above said action of

the respondents in not considering the claim of the petitioners

for conversion into Armed Reserve, the petitioners lost their

opportunity of conversion into District Armed Reserve as per

their entitlement under 40% quota along with others.

7) It is further submitted that though the petitioners are

eligible for conversion as Armed Reserve Police Constable at

relevant point of time, their claim was denied stating that there

is no channel/provision for conversion of police constables as

Armed Reserve Police Constable, because they were appointed

as Police Constables in Special Scheduled Police Battalion i.e.,

15th Battalion. It is further submitted that now the respondent

authorities for the first time called for options for conversion of

Police Constables to Armed Reserve Police Constables, by that

time the petitioners missed the opportunity only because they

are holding post of Head Constable Cadre. Due to the said

action of the respondent authorities, the petitioners would

never get a chance again for conversion into Armed Reserved

(ARPC) till the end of their services. It is further submitted that

infact the rule making authority provided provision for

conversion of Special Police Battalion Constable into District

Armed Reserved by considering their nature of duties to enable

them to spend with their families into the District Armed

Reserve Force. In view of these compelling and unavoidable

circumstances and having no option, the petitioners accepted

promotion as Head Constables at the relevant point of time.

Subsequently, the petitioners gave a representation to

respondent No.4 by ventilating their grievance to consider their

claim for reversion as Police Constable from the category of

Head Constable. The petitioners further submitted that if the

authorities reverted them as Police Constables they are entitled

to be converted as Armed Reserve Police Constables in 40%

quota basing on the seniority and eligibility as per their turn.

Though they are eligible for reversion as per their request, the

same was not considered by respondent No.3 without there

being any reason. The petitioners further submits that some of

their colleagues have approached this Court by filing

W.P.No.4345 of 2021 for inter Battalion transfer in the cadre of

Head Constables. By an order, dated 26.08.2021, this Court

disposed of the said writ petition, directing the respondents to

consider the request of the petitioners therein in the vacancies

available, in terms of Memo Rc.No.A2/912-Vol-II/2020-21, dated

15.02.2021 for the post of Head Constable. Aggrieved by the

said order, the respondents filed Writ Appeal No.649 of 2021.

Vide judgment, dated 15.12.2021, this Court disposed of the

Writ Appeal with the following direction:-

"In the considered opinion of this Court, as a direction has been issued to consider the request in vacancies available in terms of the Memorandum dated 15.02.2021 in the above Writ Petition, no case for interference is made out in the matter and the State is at liberty to consider the request of petitioner in accordance with law."

8) It is further submitted that subsequently, respondent No.4

issued Memorandum rejecting their claim for inter battalion

transfer in the cadre of Head Constables vide Memo

Rc.No.467/A2/2021, dated 12.01.2021, which reads as under:-

"In this process, the Police Constables working in 15th Battalion TSSP are not considered for the reason that the recruitment process is completely different for 15th Battalion TSSP and that certain privileges are permitted to them as mentioned in the above chart. All the Police Constables of 15th Battalions belong to one category i.e., Scheduled Tribe and if their requests for transfer are considered to other battalions, it will have adverse effect on the existing Police Constables, head Constables in that battalion due to implementation of rule of reservation in the promotions. If they are considered, the seniority of existing police constables and head constables of those battalions belonging to S.T. category are likely to be disturbed while ordering promotions to higher posts. In view of the above, the cases of police constables of 15th battalion for inter battalion transfer are not being considered."

9) It is further submitted that the rejection orders passed by

respondent No.3 is highly illegal, arbitrary and unconstitutional

and liable to be set aside. The reasoning given by the

authorities in the above Memo is not correct and as per State

and Subordinate Services Rules for direct recruitment also out of

(100) posts (6) posts reserved for Scheduled Tribes. However,

the respondent authorities considered the claim of some of the

head constables and A.S.Is., who are working in 15th battalion,

for inter battalion transfers as per their whims and fancies. It is

further submitted that when the respondents have rejected the

claim for reversion as Armed Reserve Constables, some of the

head constables approached the Hon'ble Tribunal by filing

O.A.Nos.5900 of 2012 and 6138 of 2012 and vide judgment,

dated 10.04.2013, the Tribunal allowed the said O.As. by setting

aside the impugned rejection orders issued by the respondents

with a direction to consider the claim of the applicants therein

for reversion as police constables and conversion as Armed

Reserve Constables. Aggrieved by the said judgment, the

respondents therein filed W.P.Nos.37146 and 39280 of 2013.

Vide judgment, dated 24.03.2014, this Court dismissed the writ

petitions, with a direction to consider the claim of the

applicants therein, if they fit into 40% quota after their

reversion. Thereafter, by implementing the judgment of this

Court, the respondents issued orders in C.No.1057/A3/2014

(D.O.No.832/2014) dated 25.08.2014, reverting the applicants

therein as constables. The petitioners finally submits that in

view of the various domestic problems and health issues, the

petitioners made representations to consider their claim for

reversion as Police Constables to enable them to spend their

time with their families into the District Armed Reserve Force

and since the respondent authorities are even not receiving

their representations on the ground that the Head Office

directed the subordinate officers not to entertain the request

for reversion and in view of the directions given by this Court in

W.P.Nos.37146 and 39280 of 2013 and the orders, dated

24.03.2014, issued in favour of the similarly situated persons

vide Rc.No.A1/16/PPT/ 2018-20 (D.O.No.266/2020) dated

18.02.2020, the petitioners are entitled for reversion from the

category of head constable to police constable and conversion

into Armed Reserve for the panel years 2019-2020, 2020-2021 as

per their seniority and eligibility. Hence, this Writ Petition.

10) A counter has been filed by respondent No.4 on behalf of

all the respondents. It is stated in the counter that the claim of

the petitioners for reversion from the rank of Head Constable to

Police Constable is against the Rules, as such, the same was

rejected by respondent No.4 vide Memo Rc.No.1071/A1/2021,

dated 23.09.2021.

11) It is submitted in the counter that the Government issued

G.O.Ms.No.226, dated 14.09.2005, according sanction for raising

of a Special Police Battalion viz., 15th Battalion TSSP by

recruitment of Tribal youth from Scheduled Areas of Andhra

Pradesh by creation of (1206) posts in various categories.

Subsequently, special service rules which are distinct in nature

when compared to normal special police battalion were framed

for 15th battalion called as Andhra Pradesh (Special Police

Battalion-Scheduled Area Tribal) Subordinate Service Rules vide

G.O.Ms.No.101, Home (Legal-II) Department, dated 01.05.2006

and 15th Battalion personnel are governed by the aforesaid

Rules. The petitioners were called for pre-promotional training

for promotion from the rank of police constable to Head

Constable vide Memo Rc.No.156/A1-Estt/2018, dated

24.01.2018 and Memo Rc.No.51/A1-Estt/2019, dated

05.01.2019. Subsequently, the petitioners have submitted their

willingness for pre-promotional training for promotions to the

rank of head constables and accordingly, they were promoted as

head constables vide D.O.No.410/2018, dated 02.04.2018 and

D.O.No.145/2019, dated 23.02.2019 of respondent No.4.

Moreover, after completion of one year of service in the rank of

head constable, the probation of the petitioners in the rank of

head constables was declared vide D.O.No.557/2019, dated

18.07.2019, D.O.No.302/2020, dated 06.04.2010 and

D.O.No.387/2020, dated 12.05.2020. It is further submitted

that if the petitioners did not want promotion, they should not

have opted for pre-promotional training for four weeks, which is

given at State expenses with full pay.

12) It is further stated that in terms of the order, dated

14.11.2019 in W.P.No.24794 of 2019, the Government vide

Memo No.4170/Ser-II/A2/2019, dated 29.08.2010 issued

clarification and informed that the police constables of 15th

battalion TSSP are eligible for appointment by transfer to Police

Constable (AR), if they possess the required educational

qualifications and fulfil other conditions required in

G.O.Ms.No.329, Home (Legal-II) Department, dated 28.12.2010.

It is further submitted that the petitioners did not give any

willingness for conversion to Armed Reserve and that they did

not refuse the promotion. Subsequently, (121) police constables

of 15th battalion, TSSP, who gave willingness and fulfilled the

conditions mentioned in the conversion notification, dated

19.10.2019 and the provisions mentioned in G.O.Ms.No.329,

were selected for appointment by transfer to the post of police

constables Armed Reserve (Men) against 40% quota for the panel

year 01.07.2016 to 30.06.2017 (2017) and 01.07.2017 to

30.06.2018 (2018) vide D.O.No.899/2020, dated 21.12.2010 of

respondent No.4.

13) It is further stated that the petitioners never submitted

any application and therefore, there was no denial of their

claim. It is further stated that the petitioners, have completed

nearly three years of service in the post of head constable and

they have made applications for reversion to the post of police

constables due to family problems or to apply for Armed Reserve

conversion or other reasons. The applications of the above head

constables were rejected on administrative grounds vide Memo

Rc.No.1071/A1/2021, dated 23.09.2021. It is further stated

that the petitioners were promoted as head constables in the

year 2018 and 2019 and that they have completed three years of

service in the rank of head constable and their probations in the

said rank are also declared and that there is no provision in the

rules for reversion of the petitioners to the lower rank of police

constables. It is further submitted that the petitioners have

taken all service benefits in the rank of head constables since

last three years and now requesting for reversion, which is

against the Rules and not acceptable under Rule 28 of Telangana

State and Subordinate Service Rules, 1996. The right to

relinquishment of a post is available only at the time of

acceptance of promotion but not after their probation is

declared and that too after lapse of three years.

14) It is further stated in the counter that the orders passed

by this Court in W.P.Nos.37146 and 39280 of 2013 are different

in nature and case content is completely different to the

present case, as such, the claim of the petitioners that they are

eligible for reversion to the rank of police constables in view of

the above orders is completely against service rules. It is

further submitted that there is a remedy available to the

petitioners to approach higher officer i.e., Additional Director

General of Police, Telangana State Special Police Battalions or

Director General of Police, Telangana State, Hyderabad or even

Government of Telangana, but without making any appeals

before the said higher officers, the petitioners have approached

this Court. Therefore, it is submitted that there are no merits

in this case and despite knowing all the facts, the petitioners

filed the present writ petitions with baseless averments and

prayed to dismiss the writ petitions.

15) After considering the rival submissions, the question that

arises for consideration is whether the orders passed in

W.P.Nos.37146 and 39280 of 2013 would squarely applies to the

case of the petitioners.

16) Admittedly, W.P.Nos.37146 and 39280 of 2013 were filed

against the orders passed by the Tribunal in O.A.Nos.5900 of and

9104 of 2012, wherein the Tribunal has directed the respondents

therein to relieve the applicants immediately from A.P.S.P. to

enable them to join as Police Constables in District Armed

Reserve. The Tribunal has categorically observed that probation

of the applicants in the category of Head Constables was not

declared by the date of filing of the original applications and so

the applicants continue to be in the category of head constable

as temporary promotes. But in the instant case, the petitioners

are the approved probationers in the rank of head constables

and they have completed three years of service in the post of

head constable.

17) Further, the applicants in O.A.Nos.5900 and 6138 of 2012,

have submitted their unwillingness for promotion as head

constables within a very short time and before when their

probation was not declared. But in the instant case, the

petitioners have submitted their representation seeking

reversion to lower post after lapse of three years and after their

probation was declared in the rank of head constable. Apart

from that the petitioners have submitted their willingness for

pre-promotional training for promotions to the rank of head

constables and accordingly, they were promoted as head

constables. If the petitioners are not willing for promotion,

they should not have opted for pre-promotional training of four

weeks, which was given at the State expenses with full pay.

Further, the petitioners have taken all service benefits in the

rank of head constables since last three years and now

requesting for reversion, which is against the rules and not

acceptable under Rule 28 of Telangana State and Subordinate

Service Rules. The petitioners have right to relinquishment of a

promotion post at the time of acceptance of promotion but not

later stage that too after lapse of three years and moreover,

their probation was declared in the promotion post.

18) In the counter, it is specifically stated by the respondents

that there is a remedy available to the petitioners to approach

the higher officials i.e., Additional Director General of Police,

Telangana State Special Police Battalions or Director General of

Police, Telangana State, Hyderabad or even Government of

Telangana. The petitioners failed to produce any record to

show that they have availed the remedy available to them to

ventilate their grievances.

19) Further, it is the contention of the respondents that the

petitioners have taken all service benefits in the rank of head

constables for a period of three years and now sought for

reversion which is against Rule 28 of the Telangana State and

Subordinate Service Rules, 1996. Before proceeding further, it

would be appropriate to refer to Rule 28 of the Telangana State

and Subordinate Service Rules, 1996, which reads as under:-

"28. Relinquishment of rights by members:- Any member of a service may, in writing, relinquish any right or privilege to which he may be entitled to under these rules or the special rules, if, in the opinion of the appointing authority, such relinquishment is not opposed to public interest. Such relinquishment once made will be final and irrevocable. Nothing contained in these rules or the special rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished:

Provided that no conditional relinquishment or relinquishment of right for a temporary period shall be permitted."

20) A careful perusal of Rule-28, extracted above, would

reveal the following:

(1) An option is given to any member of a service to relinquish any right or privilege to which he may be entitled to, under the relevant rules (this includes right or privilege of promotion).

(2) Such relinquishment is subject to acceptance of the appointing authority. Who must be satisfied before acting upon such relinquishment that such relinquishment was not opposed to public interest.

(3) Such relinquishment once made will be final and irrevocable.

(4) Once such relinquishment has come into force, the authorities concerned shall not be required to recognise any right or privilege to the extent to which it has been so relinquished. The proviso to this Rule contemplates that conditional relinquishment or relinquishment of a right for a temporary period shall not be permitted.

21) In the instant case, the petitioners have sought reversion

to the rank of police constable after taking all service benefits

in the rank of head constables for a period of three years.

Therefore, Rule 28 of the Telangana State and Subordinate

Service Rules, 1996, is not applicable to the case of the

petitioners.

22) Apart from that the petitioners were selected and

appointed as police constables through direct recruitment

conducted for 15th battalion in the year 2007. 15th Battalion was

formulated only for tribal youth by relaxing certain conditions.

The record discloses that Special Service Rules were framed for

15th battalion TSSP called as Andhra Pradesh (Special Police

Battalion-Scheduled Area Tribunal) Subordinate Service Rules

vide G.O.Ms.No.101, Home (Legal-II) Department, dated

01.05.2006 and the petitioners are governed by the said Rules.

The said special rules are distinct when compared to a normal

special police battalion. There is no provision in the rules for

reversion of the petitioners to the lower rank of police

constables.

23) For the aforesaid reasons and since the probation of the

police constables/applicants in W.P.Nos.37146 and 39280 of

2013 have not been declared by the date of filing of the original

applications and they have submitted their unwillingness for

promotion as head constables within a very short time and

whereas the probation of the petitioners herein have been

declared long back i.e., 18.07.2019, 12.05.2020 and 23.09.2021

and they have made representations on 04.09.2021, 05.09.2021

and 06.09.2021 seeking reversion to lower post after lapse of

three years of their regularization in the promotion post, which

was issued on 02.05.2018, the orders passed by this Court in

W.P.Nos.37146 and 39280 of 2013 are not applicable to the

present cases as the facts in those writ petitions are different

from the facts in the present cases. Further, having given

willingness for pre-promotional training and having taken the

promotion benefit for a period of three years and now seeking

relief for reversion to the lower post is against the rules and the

relief sought by the petitioners is unsustainable.

24) Accordingly, both the writ petitions are dismissed. No

order as to costs.

Miscellaneous application, if any pending, shall stand

closed.

______________________ N.V.SHRAVAN KUMAR, J 06.12.2022 gkv

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION Nos. 11446 and 13187 of 2022

Date:06.12.2022

gkv