YELUKOLU VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Brief facts of the case are that the petitioner studied B.Sc., and the respondent authorities issued police recruitment for the selection of Sub-Inspector of Police vide Notification Rc.No.9/R&T 11-1/93, dtd. 7/7/1993. The petitioner applied for the said post and got selected. Thereafter, the petitioner joined induction training at Hyderabad on 16/8/1995 at Andhra Pradesh Police Academy (for short "APPA"). After completion of training, the petitioner joined as Sub-Inspector of Police at Peddamandayam Police Station, Chittoor district in the year 1997 and got promoted as Inspector of Police on 18/8/2009 and the said probation period had been completed on 17/8/2010. While so, the seniority list of Sub-Inspectors has been prepared on the date of petitioner's appointment by the Range DIGs/IGs of the state and the same was communicated to respective Zonal Sub-Inspectors. The Range DIGs/IGs office prepared the seniority list for the year 1995 and 1996 was clubbed on the plea that they were selected on the same notification. Further, the DIGs/IGs office prepared seniority list of Inspector of Police vide G.O.Ms.No.153, dtd. 05/10/2018 as per the directions of APAT vide order dtd. 22/3/2006 in O.A.No.1509 of 2006. Questioning the above said G.O., the present writ petition has been filed.

(3.) The respondents filed counter affidavit denying the allegations made in the writ petition and stated that as per the directions of the APAT, the Government vide Memo No.30958/Legal-I/A1/2005, dtd. 13/7/2006 have observed that "two sets of Sub-Inspectors were recruited pursuant to one notification and the candidates were selected from 1995 selection list, but they were sent for training in the year 1996 and the difference in dates of training or examination between the above two sets of Sub-Inspectors is only administrative in nature and as such all the applicants in O.A.No.1509/2006 are entitled to seniority along with 1995 batch Sub-Inspectors of Police by interspersing them at their rightful places taking PTC/APPA marks into account other things being equal. In pursuance of orders issued by DGP, AP vide Memo Rc.No.1300/E1/2006, dtd. 1/12/2006, in respect of fixation of seniority is applicable to all such Sub-Inspectors of 1995 batch along with the 1995 1st batch of Sub-Inspectors of Police by interspersing them at their rightful places taking PTC marks into account other things being equal. As per the above instructions, show cause notice vide C.No.C1/197/2005, dtd. 11/12/2006 of DIG, Kurnool Range was issued to all effected Sub-Inspectors including the petitioner by calling objections if any in re-fixation of seniority. It is further stated that no objections were received from any Sub-Inspectors including the petitioner, the final orders on the show cause notice was issued vide C.No.C1/197/2005 (ROO No.45/2007), dtd. 9/2/2007 of DIG, Kurnool Range by re-fixation of seniority of the above Sub-Inspectors who were undergone nine months training from 11/11/1996 to 30/9/1997 recruited in the same notification and selected in the year 1995 selection list is interspersed at their rightful places taking into APPA marks along with the Sub-Inspectors who undergone nine months basic training from 16/8/1995 to 15/6/1996 and from 2/1/1996 to 8/11/1996 in A.P. Police Academy as issued instructions by the Government Memo No.30958/Legal-1/A1/2005, dtd. 13/7/2006 and Chief Office Endt.No.1533/E1/2005, dtd. 22/7/2006.