Md. Sharfuddin v. The Superintendent Of Police

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11235 of 2019 ORDER:

This Writ Petition is being disposed of at the admission stage with the consent of both the parties.

This Writ Petition is filed for the following relief: ".........Writ of Mandamus declaring the impugned action of the respondents in deleting the name of the petitioner from the eligible list of ASIs (Civil) of erstwhile Nalgonda District for undergoing 12 weeks Pre-Promotional training Course of HCs/ASIs (Civil) (Men/Women) fit to act as Sub Inspector (Civil) vide C.No.7714/A1-Estt/2017-19, dated 18.05.2019 of the 1st respondent without any justification or reasonable cause on the untenable ground that the petitioner was transferred to Khammam District under G.O.

610 but is continuing in Nalgonda District by virtue of court orders, as illegal, arbitrary, discriminatory, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled to undergo 12 weeks Pre-Promotional training Course of HCs/ASIs (Civil) (Men/Women) fit to act as Sub Inspector (Civil) with all consequential benefits including promotion to the post of Sub Inspector of Police and pass such......." Heard Sri D.Balakishan Rao, learned counsel for the petitioner and the learned Special Government Pleader for Home Services.

It is contended by the petitioner that he was appointed as Police Constable in Nalgonda District. While he was discharging his duties in Nalgonda District, the 1st respondent vide order dated 2-2-2016 has transferred the petitioner to Khammam District under G.O.M.S.No.610 dt.30.12.1985. Challenging the

said transfer order, the petitioner filed O.A.No.623 of 2016 before the Tribunal and obtained stay and later it was transferred to this Court which is numbered as WP (TR).No.5606/2017 and the same is pending. The petitioner further contends that vide Rc.No.127/3123/F1/RCK/2019, he was nominated for 12 weeks pre-promotional training fit to act as Sub Inspector. But, later his name was deleted from the list of pre-promotional training. Therefore, the petitioner had submitted a detailed representation to the respondents on 21.05.2019 requesting to include his name in the list of pre-promotional training course. But, so far the respondents have not passed any orders on the said representation. Learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to consider the representation of the petitioner dated 21.05.2019 and pass appropriate orders in accordance with law.

Learned Special Government Pleader appearing for the respondents submits that respondents would consider the representation submitted by the petitioner on 21.05.2019 and pass appropriate orders in accordance with law. This Court, having regard to the rival submissions made by the parties, is of the considered view that this Writ Petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 21.05.2019 and

pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. With these observations, the Writ Petition is disposed of. No costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

______________________________ ABHINAND KUMAR SHAVILI, J 12.06.2019 dv