Telangana High Court

M.D. Saleem vs The Commissioner Of Police on 2 August, 2024

   THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

   WRIT PETITON Nos.47209 OF 2018 and 504 of 2019


COMMON ORDER:

W.P.No.47209 of 2018 is filed seeking the following

relief:

"... to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in issuing provisional seniority list of Police Constables (Civil) fixing the notional seniority of the 3rd and 4th respondents above the petitioner vide proceedings No.L&O/E4/1252/2017-18 dated 09.02.2018 as illegal, arbitrary and contrary to law and set aside the same, further direct the respondents to fix the notional seniority of the petitioners above the 3rd and 4th respondents on par with 2010 batch mates with all consequential and pass such other order or orders which are deem fit and proper in the interest of justice."

W.P.No.504 of 2019 is filed seeking the following relief:

"... to issue an order or writ, particularly one in the nature of "Writ of Mandamus" declaring the action of the respondents in issuing provisional seniority list of Police Constables (Civil) fixing the notional seniority of the 3rd and 4th respondents on par with the 2010 batch constables vide proceedings No.L&O/E4/1252/2017- 18 dated 09.02.2018 while denying the same to the petitioners as illegal, arbitrary and contrary to law and set aside the same, further direct the respondents to fix the notional seniority of the petitioners along with 3rd and 4th respondents on par with 2010 batch mates and include the name of petitioners in the provisional seniority list with all consequential and pass such other order or orders which are deem fit and proper in the interest of justice."

2 JAK, J W.P.Nos.47209/18 & 504/19

2. Heard Mrs. G.Uma Rani, learned counsel for

petitioners, learned Government Pleader for Services

appearing on behalf of respondent Nos.1 and 2 and

Mr. N.Krishna Sumanth, learned counsel for respondent

Nos.3 and 4.

2.1 Since the subject matter in both the writ petitions is

common, they are being heard together. Facts in

W.P.No.47209 of 2018 are being refered.

3. Brief facts:

In response to notification of 2008, petitioners along

with respondent Nos.3 and 4 applied for post of Stipendiary

Cadet Trainee Police Constables (SCTPC) (Civil), were

successful in physical endurance and other tests and

appeared for final examination. Petitioners and respondent

Nos.3 and 4 belong to various categories under Backward

Class community. But, they were considered under Open

Category as they did not submit Certificate of non-creamy

layer. Petitioners along with respondent Nos.3 and 4 and

others filed O.A.No.10947 of 2009 and batch before the

Andhra Pradesh Administrative Tribunal (for short 'the 3 JAK, J W.P.Nos.47209/18 & 504/19

Tribunal'). Tribunal by order dated 28.02.2011 held as

follows:

"Therefore, all these OAs are allowed. The orders issued stating that the applicants were not selected are set aside. The criteria fixed in the notification for fixing the Creamy Layer by following G.O.Ms.No.3, dated 04.04.2006 is also set aside. The respondents are directed to fix the Creamy Layer as per the Government Memo No.734/C2/2000, dated 25.10.2008 i.e., Rs.4.5 lakhs and in the light of the clarification issued by the Central Government and adopted by the State Government, re-examine whether the applicants come within the Creamy Layer or not by taking into account the certificates produced by them subsequently or insist them to produce the certificates afresh and consider their case as per their merit under various Backward Class communities as per the reservation by taking into account the unfilled vacancies also. As far as the applicants in some of the O.As who belong to Muslim Community i.e., reservation in BC-E concerned, the respondents are directed to pass orders, in the light of the judgments of the Hon'ble High Court and stay orders of the Hon'ble Supreme Court. VMAs are dismissed and CAs closed."

3.1 Pursuant to orders of Tribunal, proceedings dated

05.11.2011 were issued by respondents enclosing the list of

selected candidates and stating that candidates shall

undergo nine months induction training at Police Training

Centre, Anantapur. Petitioners and respondent Nos.3 and 4

completed their training and probation was declared on

23.09.2014.

4 JAK, J W.P.Nos.47209/18 & 504/19

3.2 Respondent Nos.3 and 4 made a representation to the

concerned authorities to fix the notional seniority along with

2010 Police Constables batch instead of 2012 batch. As

there was no response to the representation, respondent

Nos.3 and 4 filed O.A.No.2425 of 2015, Tribunal vide interim

order dated 01.05.2015 directed the Director General of

Police and Commissioner of Police, Hyderabad, to consider

the representation dated 16.04.2015 of respondent Nos.3

and 4 and pass appropriate orders.

3.3 Show cause notices were issued to petitioners on

04.11.2016 to submit their objections, if any, with regard to

fixing of notional seniority of respondent Nos.3 and 4 on par

with 2010 batch Police Constables. Petitioners submitted

their objections, dated 17.11.2016, stating that petitioners

and respondent Nos.3 and 4 belong to same batch and

objected in fixing seniority of respondent Nos.3 and 4. By

proceedings dated 25.07.2017, objections were disposed of

by speaking orders. It is the specific case of petitioners that

respondents issued provisional seniority list by fixing

seniority of respondent Nos.3 and 4 above the petitioners 5 JAK, J W.P.Nos.47209/18 & 504/19

vide proceedings dated 09.02.2018 which is arbitrary. The

said proceedings are under challenge in these writ petitions.

4. Learned counsel for petitioners submitted that

petitioners along with respondent Nos.3 and 4 applied for the

post of SCT PC (Civil) in response to notification of year 2008

and petitioners along with respondent Nos.3 and 4, having

been selected, completed their training, probation was

declared on 23.09.2014. It is further submitted that when

show cause notices were issued, petitioners submitted their

objections with regard to fixation of notional seniority of

respondent Nos.3 and 4 on par with 2010 batch and above

petitioners. It is pointed out that when petitioners and

respondent Nos.3 and 4 belong to the same batch,

respondent Nos.3 and 4 cannot be shown as seniors to

petitioners on the basis of representation/application made

pursuant to the order of Tribunal. It is submitted that official

respondents did not follow proper procedure, while issuing

provisional seniority list. It is lastly submitted that without

considering the objections raised, fixing of notional seniority

vide order dated 09.02.2018 is bad in law and arbitrary.

6 JAK, J W.P.Nos.47209/18 & 504/19

5. Learned counsel for respondent Nos.3 and 4 submitted

that they were selected as Police Constables along with

petitioners. It is further submitted that respondent Nos.3

and 4 along with petitioners completed their training and

probation was declared. It is also submitted that respondent

Nos.3 and 4 made a representation to the authorities to fix

notional seniority and as there was no response to the

representation, they filed O.A.No.2425 of 2015 and that

Tribunal by interim order dated 01.05.2015 directed the

concerned authorities to dispose of the representation. It is

urged that respondent Nos.3 and 4 stand on a better footing

to that of petitioners, as petitioners did not make any

representation for fixation of notional seniority. It is further

urged that respondent Nos.3 and 4 are entitled for being

considered in terms of directions issued by Tribunal for

fixation of notional Seniority. It is contended that petitioners

were fence sitters and woke up only after the orders of

Tribunal favouring respondent Nos.3 and 4.

6. Learned Government Pleader for Services for

respondent Nos.1 and 2 submitted that petitioners along 7 JAK, J W.P.Nos.47209/18 & 504/19

with respondent Nos.3 and 4 applied for the post of SCT PC

(Civil), qualified in the written examination and completed

their training and probation was declared. It is further

submitted that the question which falls for consideration is

fixation of notional seniority of petitioners and respondent

Nos.3 and 4. It is pointed out that respondent No.1 in order

dated 25.07.2017, while considering the representations of

respondent Nos.3 and 4 for fixation of notional seniority

along with 2010 batch Police Constables instead of 2012

batch, also considered the objections/representations of the

petitioners and passed speaking orders. It is further pointed

out that petitioners cannot have any grievance in the light of

speaking orders.

7. This Court directed learned Government Pleader for

official respondents to obtain instructions as to the latest

position of integrated provisional seniority list of Police

Constables. Learned Government Pleader at the time of

hearing of writ petitions submitted a set of written

instructions. Basing on the written instrutions, it is pointed

out that integrated provisional seniority list of Police 8 JAK, J W.P.Nos.47209/18 & 504/19

Constables is being prepared on uniform basis into two

batches by adopting certain criteria. Integrated provisional

seniority list No.1 of Police Constables is being prepared upto

batch 2003, by considering the date of birth. Integrated

provisional seniority list No.2 of Police Constables is being

prepared for batches from year 2004 to 2021, by taking into

consideration the recruitment and training marks. It is

submitted that in the Memorandum dated 06.02.2024, it was

stated that objections were being invited from all Police

Constables being considered in the integrated provisional

seniority list for finalization of list within a period of 7 days.

It is further submitted that case of the petitioners and

respondent Nos.3 and 4 falls under Second Batch of Police

Constables from 2004-2021. It is lastly submitted that

petitioners are at liberty to file objections, if any, stating their

grievance with respect to the list.

8. Heard learned counsels, perused the record.

Considered the rival submissions.

9. Petitioners and respondent Nos.3 and 4, pursuant to

notification in 2008, applied and qualified in the written 9 JAK, J W.P.Nos.47209/18 & 504/19

examination for SCT PC (Civil), completed their training and

probation was declared. Question which falls for

consideration is fixation of notional seniority. It is evident

from the record that petitioners along with respondent Nos.3

and 4 filed OA's before the Tribunal and Tribunal vide order

dated 28.02.2011 in O.A.No.10947 of 2009 and batch,

directed official respondents to consider the case of

petitioners along with respondent Nos.3 and 4 in un-filled

vacancies. Pursuant to directions of Tribunal, petitioners'

and respondent Nos.3 and 4's training was completed and

probation declared on 23.09.2014.

10. It is observed from the record that respondent Nos.3

and 4 made a representation to the concerned authorities for

fixation of notional seniority and as there was no response,

respondent Nos.3 and 4 filed O.A.No.2425 of 2015. Tribunal

vide interim order dated 01.05.2015 directed official

respondents to consider and dispose of the representation of

respondent Nos.3 and 4 fixing notional seniority. Petitioners'

contend that respondent Nos.3 and 4 belong to the same

batch and their notional seniority cannot be fixed above that 10 JAK, J W.P.Nos.47209/18 & 504/19

of petitioners. The fact that petitioners and respondent

Nos.3 and 4 belong to the same batch is not in dispute.

Seniority is fixed in accordance with the rules/provisions. In

Memorandum No.L&O/E4/1735/2008-16, dated

24.07.2017, respondent No.1 stated as follows:

"The objections have been examined with the rules and as per the orders of the Government/Chief Office which are in force from time to time and their representations are being considered for assigning notional seniority on par with Sri G. Pramesh, PC 3365 Tr. PS Begumpet and Sri K. Shiva Prasad, PC 4286 of Traffic PS Saifabad and accordingly a proposal will be sent to Chief Office for onwards transmission to the Government for assigning notional seniority.

Accordingly, their representations are disposed off."

11. It is relevant to extract the contents of Memorandum

dated 06.02.2024, issued by Inspector General of Police,

Multi Zone-II, Hyderabad:

"The Telangana Public Employment, Organization of Local Cadres and Regulation of Direct Recruitment Order, 2018 came into force in supersession of the earlier orders issued in 1975. In pursuance of the said orders, the scheme for organization of local cadres in respect of posts in various categories in Civil, Armed Reserve, TSSP, IT&C and FPB in Police department has been approved by the Government and allocation of personnel to the new local cadres has been completed as per the 11 JAK, J W.P.Nos.47209/18 & 504/19

guidelines issued by the Government vide reference 4th cited.

2. As per PO, 1975, the post of PC (Civil) and HC (Civil) was part of the District cadre. As per reference 3rd cited, the Govt. have issued orders making the post of PC (Civil) as the District cadre and the post of HC (Civil) as the Zonal cadre.

3. In view of the above, preparing the provisional zonal integrated seniority list of PCs (Civil) is necessary for effecting promotions to the rank of HC (Civil). Hence, the provisional zonal integrated seniority list of PCs (Civil) of erstwhile Districts/Commissionerates is prepared keeping in view Rule 34 of Telangana State and Subordinate Service Rules.

4. The Integrated Provisional Seniority list of PCs (Civil) is prepared according to the following criteriain uniformed basis.


1   Up to 2003 Batch   By taking into Date
                       of Birth
2    From 2004 to 2021 By taking into R & T
     batches           marks

5. The Integrated Provisional Seniority list of PCs (Civil) of Zone-VI Charminar is hereby communicated with instructions to submit objections if any, regarding their placements in the said seniority list within 7 days from the date of the receipt of the seniority list. If no objections are received within the stipulated time, it will be construed that there are no objections on the said Integrated Provisional Seniority list and the same will be finalized accordingly.

6. This Memorandum together with Integrated Provisional Seniority list of PCs (Civil) of Zone- VI Charminar is placed in Police website i.e., intranet.tspolice.gov.infor information and necessary action by the individuals concerned."

12 JAK, J W.P.Nos.47209/18 & 504/19

12. In the Memorandum, dated 06.02.2024, it is stated

that two integrated provisional seniority lists are prepared by

adopting certain criteria on uniform basis. Integrated

provisional seniority list No.1 of Police Constables pertains

upto the year 2003 batch, criteria adopted is the date of

birth. Integrated provisional seniority list No.2 of Police

Constables pertains from year 2004 to 2021 batches, criteria

adopted is the recruitment and training marks. Official

respondents have communicated the list to all the concerned

authorities and the list is placed on the police website.

13. In view of the Memorandum, dated 06.02.2024, this