AMBATI NARSAIAH & OTHERS Vs. THE STATE OF TELANGANA, REP, BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, HYDERABAD & OTHERS

JUDGEMENT

(1.) These Writ Petitions are instituted challenging two Government Orders i.e., G.O. Ms. No.122 dated 03.11.2017 and G.O. Ms. No.133 dated 28.12.2017 issued by the Government of Telangana State through the Home (Legal) Department, the contents of which are virtually same. As per those Government Orders, an ad-hoc Rule has been made whereby the deputations tenure specified in the proviso after Clause (c) to Rule 6 of Telangana Police (Civil) Service Rules, 1998, issued in G.O. Ms. No.137, Home (Pol.E) Department, dated 01.06.1998, as amended from time to time, and as adapted in G.O. Ms. No.55, Home (Legal) Department, dated 12.05.2016, is exempted for promotion of Sub Inspectors and Inspectors for the panel years 2014-15, 2015-16, 2016-17 and 2017-18.

(2.) We have heard Sri G. Vidya Sagar, learned senior counsel, appearing for Sri M. Srikanth, learned counsel for the petitioners, Sri D. Prakash Reddy, learned senior counsel, representing the impleaded respondents, who are among the beneficiaries of ad-hoc rule, as well as Sri S. Sharath Kumar, learned Special Government Pleader appearing for the State of Telangana.

(3.) The learned senior counsel for the petitioners argued that the impugned ad-hoc rule is one which can be seen to be repeatedly brought in, to protect the interest of those who can be treated as continuously working as Inspectors of Police without discharging any duties and responsibilities in various specialized units viz., Intelligence, C.I.D., Intelligence, A.C.B., DSRB, CCRB, DSB, CSB, Railways and Training Institutions which is a requirement in terms of the amendment to the Andhra Pradesh Police (Civil) Service Rules 1998 (G.O. Ms. No.137) brought as per G.O. Ms. No.171 dated 27.07.20001. Such continuous relief being given to one sector is at the peril of those juniors who are otherwise entitled to be promoted, they having already performed duties and responsibilities in those specialised units and such situation results in deprivation of their constitutional eligibility, to be considered for promotion in accordance with Rules 1998, as amended, as per G.O. Ms. No.171, which are made and issued by the Government in exercise of the power under the proviso to Article 309 of the Constitution of India. Making reference to different aspects of the situation and the practical impact of such exclusion, it is argued that the situation is one which leads to arbitrariness thereby infracting Article 14 of the Constitution.