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Showing contexts for: transfer of constable in Shaik Moulali, vs State Of Andhra Pradesh, on 17 April, 2025Matching Fragments
2) The Government after careful examination of the matter, accept that proposal of the Director General and Inspector General of Police and direct that direct Recruitment to the posts of Police Constables in District Armed Reserve/City Armed Reserve/Special Armed Reserve/Central Police lines dispensed with the immediate effect and that the posts of Police Constable in District Armed Reserve/City Armed Reserve/Special Armed Reserve/Central Potice tines filled, up by transfer of Police Constables of Andhra Pradesh Special Police Battalions who have completed 10 years of service.
12. Before taking a decision over this issue, it is essential to look into the earlier litigations on the subject seniority and the same is mentioned below:
In the year 2007, direct recruities of A.R filed O.A.No.2352 of 2007 before the APAT, Hyderabad questioning the higher seniority to the Police Constables appointed by transfer in A.R from APSP Battalions. Similarly, some of the O.As were also filed before the APAT. The learned Tribunal disposed of O.A.No.2352 of 2007 vide Order dated 23.08.2007 directing to determine the seniority of the unofficial respondents therein from the date of their confirmation in the service of DAR in terms of Rule 15(e) of the Service Rules. Aggrieved by the orders of the Tribunal, the Government filed W.P.No.24847 of 2007 before the Composite High Court of A.P and some of the aggrieved persons also filed Writ Petitions against the similar orders. The High Court vide Common Order dated 08.10.2012, upheld the orders passed by the Tribunal in the respective O.As and also directing the Government to consider the feasibility of evolving a formula to extend the benefit of weightage of service rendered by the Constables appointed to AR by transfer from Sepcial Battalions, subject to certain limit, duly taking into account the interests of the Constables appointed through direct recruitment and other modes over the period. In obedience to the said orders, the Government have issued G.O.Ms.No.1 dated 07.01.2016. Aggrieved by the said G.O., some of the APSP Constables including some of the Petitioners also approached the Tribunal and filed O.A.No.317 of 2006 and the same was dismissed on 04.04.2023. While so, the convertee constables filed O.A.No.954 of 2018 before the Tribunal to send them for pre-promotional training, wherein, the Tribunal directed the Respondents therein not to proceed with the pre-
Rule 15(e): The seniority of qualified Special Policemen appointed by transfer as Constables in this service shall be determined by the date of their first appointment in this service for purposes of confirmation in vacancies in this service."
15. In the earlier litigation, Courts categorically held that Rule 15(e) is applicable but not Rule 15(c) as decided by A.P.A.T in O.A.No.2352 of 2007, dated 23.08.2007 which was upheld by the Composite High Court of A.P in W.P.No.21610 of 2007 and Batch dated 08.10.2013, which was reiterated in W.P.No.14013 of 2019, dated 11.02.2020 by a learned Single Judge of this Court. Hence, the prayer regarding applicability Rule 15(c) to the Petitioners falls to ground.
Rule 15 (e).: "The seniority of qualified Special Policemen appointed by transfer as Constables in this service shall be determined by the date of their first appointment in this service for purposes of confirmation in vacancies in this service".
2. In the reference 2nd read above, an amendment was issued to G.O.Ms. No. 1263 General Administration (Rules) Department, dated 26-8-
1959 by making a provision for appointment by transfer of eligible Police Constables to District Armed Reserve and Cite Armed Reserve from Special Police Battalions and in the G.Os 3rd and 4th read above, the terms and conditions for such appointment, by transfer were specified.