MOHAMMED GHOUSE Vs. STATE OF TELANGNA

JUDGEMENT

(1.) In both these writ petitions, the petitioners are seeking a writ of mandamus declaring the action of the respondents in applying the amended Rule 10(ii) of Telangana Police (Civil) Subordinate Service Rules issued vide G.O.Ms.No.19, dtd. 6/2/2018 to the petitioners though their appointment by transfer is within 10% quota against the vacancies of the year 2014 to 2018 i.e., prior to amendment, as illegal, arbitrary, as they are depriving seniority and promotions to the petitioners and consequently to declare that the petitioners seniority cannot be effected by virtue of Amendment issued in G.O.Ms.No.19, dtd. 6/2/2018 and to grant all consequential benefits and to pass such other order or orders in the interest of justice.

(2.) Brief facts leading to the filing of the present writ petition are that some of the petitioners were initially appointed as Police Constables (A.P.Special Police Battalion) and thereafter appointed by transfer as Police Constables (Armed Reserve) and further by transfer as Police Constables (Civil) and some of them were initially appointed as Police Constable in Armed Reserve of Andhra Pradesh Police Subordinate Service and thereafter appointed by transfer/conversion as Police Constables (Civil). It is submitted that there is another police service called Andhra Pradesh Special Police Battalions (APSP) governed by the A.P.Police (Special Police battalions) vide G.O.Ms.No.69 Home (Police-D), dtd. 7/4/1997. The police constables of APSP have channel of appointment by transfer into A.P.Police Subordinate Service Rules, 1959, upto 40% of the cadre strength in constable (Armed Reserve/SPL/CAR) under Rules of 1959. It is submitted that petitioners herein were called to submit their willingness for appointment by transfer as Police Constables (Civil) within 10% quota meant for Armed Reserve category in the State of Telangana. The petitioners have submitted their willingness and they were appointed by transfer as Police Constables (Civil) on various dates during the months of June, July, August and October, 2018 and have been working as Police Constables (Civil) ever since. It is submitted that in the meantime, the G.O.Ms.No.19, dtd. 6/2/2018 has been issued amending the Rule 10(ii) of Telangana (Civil) Subordinate Rule-1999, by way of substitution, substituting the earlier Rule with the amendment as extracted below i.e., the seniority in respect of the Police Constable (Civil) (Men) appointed by transfer (conversion) from Police Constable's (AR/SAR CPL) (Men) shall be fixed as follows:

(3.) It is submitted that though the above amendment was issued after submission of willingness by the petitioners herein, none of the petitioners were put on notice or informed about the amendment of the Rule and without even mentioning the said G.O.Ms.No.19, dtd. 6/2/2018, conversion orders were issued appointing the petitioners as Police Constables (Civil) and since they were not aware that the seniority will be counted only from the date of appointment by transfer as Police Constables (Civil), they have joined the post of Police Constables (Civil) and have been working for the past four years. It is submitted that the petitioners came to know only when the provisional seniority list was issued by the respondents that they are getting the weightage as per the G.O.Ms.No.19, dtd. 6/2/2018 and not the seniority from the date of their initial appointment as Police Constables (APSP) or Armed Reserve, therefore, they have made representations to the respondents on 9/3/2022, but the same has been rejected on the ground that the appointment of petitioners by transfer have taken place after the issuance of G.O.Ms.No.19, dtd. 6/2/2018 and therefore, they are covered by its provisions.