GOVERNMENT OF AP Vs. O SRINIVAS RAO

JUDGEMENT

(1.) Heard the learned Government Pleader for Services-I and Sri A.Sreedhar, learned Counsel for the contesting respondent No.1. At their request, the main Writ Petition itself is taken up for hearing and is disposed of at the interlocutory stage.

(2.) This Writ Petition is filed, at the instance of the State and the Commissioner of Police, Visakhapatnam, aggrieved by the order in O.A.No.4314 of 2008, dated 28.01.2010, on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, allowing the application of the first respondent, under Section 19 of the Administrative Tribunals Act, 1985, seeking a declaration that the action of the second petitioner in not sending him for three months pre-promotional training course of Head Constables (Civil), 2008 as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, that to direct the second petitioner to send him for pre-promotional refresher training course of Head Constables (Civil) 2008, by including his name in the list of P.Cs/O.S. Head Constables of Visakhapatnam City, that to promote him as a regular Head Constable, in case of his successful passing of necessary examination, and that by extending the benefit of the orders in O.A.No.3268 of 1992 and batch, O.A.No.7990 of 1996, and O.A.No.3738 of 2008 dated 30.04.1994, 21.09.1999 and 08.05.2008.

(3.) Brief facts, which gave rise to the present lis, are that the first respondent, who is the applicant before the Tribunal, is working as a Head Constable on out of seniority basis in the 4th Town Traffic Police Station, Visakhapatnam. He was initially appointed as a Police Constable (Civil) on 08.07.1989 and temporarily promoted as the Head Constable on out of seniority basis on 03.10.1994. His grievance is that even though several other Head Constables were sent for training, he was not sent for training on the ground that he was temporarily promoted and, therefore, such action is bad and illegal.