Ch. Rajaiah v. The Govt. Of A.P., Rep. By Its Secretary To Govt.,
THE HON'BLE SRI JUSTICE P.NAVEEN RAO DATED : 13.07.2017 Between :
Ch.Rajaiah, S/o.Ramaiah, Aged 63 yrs, Occu : Inspector of Police (Retired), R/o.H.No.2-10-882, SBH Colony, Subedari, Warangal District.
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Petitioner/Applicant And The Govt. of A.P., rep., by its Secretary to Govt. Home Department, Secretariat, Hyderabad & others .. Respondents This court made the following :
- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER :
The Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') disposed of O.A.No.5203 of 2008 with a direction to consider and review the case of the applicant for promotion to the post of Deputy Superintendent of Police, for the panel years 2006-07, 2007-08 and 2008-09 with all consequential benefits, including seniority, pay fixation, revision of pensionary benefits etc. Alleging violation of the said directions, this contempt case is filed.
2.
Along with the counter affidavit integrated seniority list of inspectors published vide G.O.Ms.No.54, dated 22.02.2014 and combined final seniority list of Deputy Superintendents of Police published vide G.O.Ms.No.108 dated 23.06.2014 and memo vide RC.No.1286/G3/2015 dated 28.12.2015 are enclosed. 3.
According to the respondents in the integrated final seniority list of Inspectors of Police, the name of the petitioner stands at Sl.No.1344 and notional seniority was assigned with effect from 31.01.2003. According to the respondents Sri N. Yughandar Babu whose name figures in the integrated seniority list of Inspectors at Sl.No.1106 was the last person promoted. Therefore, petitioner has not come up for consideration for promotion.
4.
On the last occasion learned counsel for the petitioner contended that as per the integrated seniority list of Deputy
- 3 - Superintendents of Police published vide G.O.Ms.No.108, petitioner's name is shown at Sl.No.1134 and was assigned promotion from 01.03.2002. Where as this benefit is not extended to him.
5.
Having regard to this submission, learned Government Pleader was directed to obtain further instructions. Further instructions are furnished by the Director General of Police, Telangana State vide his letter Rc.No.1286/G3/2015 dated 12.07.2017. It is stated in the letter that Ch.Rajaiah whose name figures against Sl.No.1134 belongs to Hyderabad range, whereas petitioner belongs to Warangal range. The date of birth of the petitioner is 16.06.1951, whereas, the date of birth of Ch.Rajaiah, whose name figures in the seniority list of Deputy Superintendents of Police is 12.06.1953. It is thus stated that Ch.Rajaiah mentioned therein is not the petitioner but is a different person. 6.
A perusal of the seniority list of Inspectors discloses that the full particulars of Ch.Rajaiah are furnished showing his date of birth and Hyderabad range. The seniority in the cadre of Deputy Superintendents of Police also discloses the last name in the list as N. Yughandar Babu, who was granted promotion from 30.06.2009. Prima-facie, it is not in dispute that Yughandar Babu is shown above the petitioner in the integrated seniority list of Inspectors and petitioner retired on 30.06.2009. Thus, it cannot be said that the respondents have violated the directions issued by the Tribunal warranting initiation of contempt proceedings. 7.
Having regard to the above, the Contempt case is dismissed. However, it is always open to the petitioner to work out his
- 4 - remedies as available in law, aggrieved by the placement assigned to him in the seniority list, if so advised. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this contempt case (Tr) shall stand closed.
__________________ P.NAVEEN RAO,J 13th July, 2017 Rds
- 5 - HON'BLE SRI JUSTICE P. NAVEEN RAO DATED :13.07.2017 Rds