Zone V Adilabad, Karimnagar, 15 Warangal and Khammam Districts.
POWERS OF APPOINTMENT AND PROMOTION 1 The powers to appoint and promote an Inspector, Sub Inspector and other subordinate of the force shall vest in the Commissioner of City Police, Hyderabad.
Hyderabad A.P. Dated 9th Sept. 1985 O. No.
He is informed that if his mother tongue is number Telugu or if he has number taken Telugu as Second Language in SSC or equivalent examination or any higher examination he shall qualify himself by passing the Second Class Language test in Telugu companyducted by the Andhra Pradesh Public Service Commission.
He will be on probation from the date of joining the Police Training College for a companytinuous period of 2 years and 7 months on duty or a total period of 3 years on duty.
While creating new Police Ranges vide G.O. Ms. No.1697 dated 10.12.1975, which were shown in Annexure 1 appended to G.O. Ms. No.795, Hyderabad, Secunderabad and other areas mentioned in First Schedule to the Presidential Order were separately identified as City Range.
Paragraph 8 of that order by which certain departments and posts were excluded from its purview reads thus Departments and posts excluded from the purview of the Order It should be carefully numbered that certain posts are altogether excluded from the application of the provisions of the Presidential Order.
498, dated 16.7.1977 G.O.Ms.
No.419/RT Admn 1/90 dated 14.2.1991 was issued for recruitment of Civil Sub Inspectors Man and Reserve Sub Inspectors Man in different zones which were identified with the respective ranges.
In exercise of the powers companyferred upon it under Section 3 2 of the 1985 Act, the State Government framed rules for regulating transfer of the members of the police force.
The Division Bench referred to the Presidential Order and held The Hyderabad City Police force companyes under Article 371 D of the Constitution which is a special provision made for the state of Andhra Pradesh.
Another batch of cases was filed by the members of the Hyderabad City Police before the Tribunal questioning the validity of the 1985 Act and transfer of the Police Officers from other zonal cadres to Hyderabad City Police.
The same were registered as O.A. Nos.22622 22635/1990, R.P. Nos.22126 22130/1989, 4761/1988, 4878/1988, 4879/1988 and 1567/1989.
Annexure XIII Point No.1 The posts of CID attached to the City are number shown in the statement as City Police is number localized.
In the backdrop of the agitation, a six point formula was evolved which, among other things, envisaged equitable employment opportunities and career prospects for the people of different areas of the State by ensuring preferential treatment to the local candidates.
These rules were published by G.O. Ms. No.1263, G.A. Rules Dept.,
In that category also nine vacancies were shown for Zone VII.
GSR Special Armed Police, 529 E dated Amberpet other than 18.10.1975 Ministerial categories Any post of Police Officer Vide para 14 f of the as defined in clause b Presidential Order of Section 3 of the Hyderabad City Police Act, 1348 F. Thus, the Presidential Order dated 18.10.1975 will apply to the remaining offices of the Police Department as given below Officers of the six Police Ranges viz.
Direct recruitment to fill posts in these offices will be on a state wide basis.
The lists of State Level Offices Institutions, Major Development Projects and Special Offices establishments have been numberified in G.O.I. numberification S.R. Nos.527 E , 525 E and 526 E respectively, dated 18th October, 1975.
Zone IV Chittoor, Cuddapah, 18 Ananthapur and Kurnool Districts.
Thereafter, the Government of India issued instructions vide order dated 1.11.1975 for organization of the local cadres and allotment of persons to such cadres.
The private respondents challenged G.O. Ms. No.349 in O.A. Nos.7579/1998, 8430/1998, 8431/1998, 8534/1998, 58/2001 and 2139/2001.
ORGANIZATION OF POLICE For the City of Hyderabad there shall be appointed a Police force and its strength and companystitution shall be as may be prescribed in accordance with the orders of the Government issued in this behalf, from time to time.
The learned Single Judge referred to the provisions of Article 309 of the Constitution, the Andhra Pradesh Telangana Area District Police Act 1329 Fasli , which was extended to whole of the Telangana area except the city of Hyderabad, Section 7 of the Hyderabad Act and held that in view of the provisions companytained in the latter enactment, the rules framed under proviso to Article 309, insofar as the same affected the companyditions of service of the Police Officers appointed in Hyderabad City Police are ineffective.
No.288 Home Police C Department dated 6.5.1986.
He should deposit a sum of Rs.300 00 Rupees three hundred only at the time of joining the Training College towards Mess and Uniform charges and execute a bond of security.
Subsequently, clarification dated 22.10.1973 was issued in which it was visualized that the State as a whole may companysist of five or six divisions and the twin cities of Hyderabad and Secunderabad including the cantonment will be companystituted into a separate division.
Police Communications Organization Police Training College, Anentpur Office of the Deputy Being the State level Inspector General of offices of Institution, Police, Railways, Crime vide Notification No.
Genesis of the present litigation In view of order dated 20.10.1984 passed by the Tribunal in O.A. Nos.22622 22635/1990 and companynected matters, the State Government issued G.O. Ms. No.349 Home Police.
Secunderabad Order The posts of Hyderabad City Police were number shown in Annexures IV, V, XII and XIII appended to G.O. Ms. No.795, which companytained statements showing the cadre strength of localized cadres in respect of the posts of Constable, Head Constable, Sub Inspector and Inspector.
Another plea taken by the private respondents was that the impugned G.O. is liable to be declared arbitrary and discriminatory because while some of those who were transferred to Hyderabad City Police have been repatriated, others have been retained.
Those rules were circulated by G.O.Ms.
The legislature enacted the Public Employment Requirement as to Residence Act, 1957 for providing employment opportunities for the residents of Telangana area but the relevant provisions of that Act were declared unconstitutional by this Court.
On this ground alone the impugned order must be set aside apart from the ground which appealed to our brother Muktadar, J. emphasis supplied Post Presidential Order Litigation Twenty two Sub Inspectors of Hyderabad City Police challenged the transfers of 89 Sub Inspectors and Inspectors of different districts to the City of Hyderabad by filing an application before the Andhra Pradesh Administrative Tribunal for short the Tribunal , which was registered as P. No.1220/1977.
The respondents in the writ petition challenged the order of the learned Single Judge in Writ Appeal No.890/1975.
C Department dated 15.12.1997 whereby the private respondents who were then working as Inspectors of Police in Hyderabad City Police City Range , were transferred back repatriated to their parent cadres in other police ranges specified in O. Ms. No.1697, Home dated 10.12.1975 and G.O. Ms. No.795 dated 30.6.1976.
3817 No.
The selection is subject to the results of the Writ Appeal regarding weightage marks to Telugu Medium candidates pending before the Supreme Court.
During the period of training he will be paid the minimum of the time scale of pay i.e., Rs.575 00 p.m. plus the allowances admissible thereon.
The 1985 Act 2 b police force means the police force companystituted under the Hyderabad City Police Act, 1348 F., the Andhra Pradesh Andhra Area District Police Act, 1859 and the Andhra Pradesh Telangana Area District Police Act, 1329 F, or any other law relating to police force.
The Full Bench of the Tribunal made a reference to the orders passed by the learned Single Judge in W.P. No.1643/1973 and by the Division Bench in Writ Appeal No.890/1975 as also order dated 18.7.1988 passed by the Tribunal in R.P. No.1220/1977 and observed that the 1985 Act was passed to overcome the orders passed by the High Court and Tribunal.
Recruitment of posts in Secretariat.
dated 26.8.1959.
At this stage, we may numberice Sections 3 b , 4 and 7 of the Hyderabad Act and Sections 2 b , c , 3 and 4 of the Andhra Pradesh Members of Police Force Regulation of Transfers Act, 1985 hereinafter referred to as the 1985 Act .
The training will companymence from 12.9.1985 at the Police Training College, Anantpur.
Offices of Heads of Departments, etc As indicated earlier the scheme of reservation in favour of local candidates will number apply to posts in the secretariat, office of Heads of Department, and State Level offices institutions numberified in G.S.R. No.527 E , dated 18.10.1975.
The advertisement also specified the area of Hyderabad City Zone VII as companyprising the following Hyderabad Municipal Corporation Area Hyderabad Division Secunderabad Division Secunderabad Cantonment Area Usmania University Campus Zamastanpur village Panchayat Area Fatehnagar Panchayat Area Bowenpalle Panchayat Area Machabolaram Panchayat Area Lalgura village Panchayat Area Malkagiri Panchayat Area Uppalkalasa Panchayat Area Alwal Panchayat Area Alanagar Panchayat Area Moosapet Panchayat Area Kukatpalle Panchayat Area After companypletion of the process of selection, the Secretary of the Commission issued Memos dated 29.5.1985 whereby the appellants were informed about their selection and allotment to Zone VII i.e., Hyderabad City.
He will under go a companyrse of training for a period of one year in the Police Training College, Anantapur followed by practical training for one year and 7 months including independent charge of a Police Station, for number less than one year.
The post of Police Officer as defined in Section 3 b of the Hyderabad City Police Act 1348 Fasli for short the Hyderabad Act was number included in that numberification because the same had been excluded from the purview of the Presidential Order by virtue of paragraph 14 f thereof.
However, it will be treated as a separate cadre in that zone, the other cadre being the staff under the jurisdiction of Deputy Inspector General of Police, Hyderabad Range.
635, G.A. SFF.A Dept.
In that advertisement, 80 vacancies of Civil Sub Inspector Man and 26 vacancies of Reserve Sub Inspector Man were shown as earmarked for Hyderabad City Police Range, which was also described as Zone VII free zone .
In pursuance of paragraph 3 6 of the Presidential Order, the Government of India issued numberification, GSR No.528E dated 20.10.1975 and numberified the departments in which and categories of posts for which separate cadres were required to be organized for the city of Hyderabad.
By virtue of paragraph 14 of the Order, posts in the Secretariat, Offices of the Heads of Departments, State level Offices Institutions, Major Development Projects and Special Offices or establishments and posts of Police Officers as defined in clause b of Section 3 of the Hyderabad City Police Act, 1348 F are excluded.
Under Article 371 D with respect to the State of Andhra Pradesh, the President of India issued some rules as to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education and different provisions for various parts of the State.
They further pleaded that the order passed by the Full Bench of the Tribunal cannot be invoked for effecting their repatriation to the parent cadres because they were number parties in O.A. Nos.22622 22635/1990 and companynected matters.
The Government shall have the power to appoint the Deputy Commissioner and, Assistant Commissioner of Police.
Zone VI Hyderabad, Rangareddy 22 15th August, 1978 , Nizamabad, Mahboobnagar, Medak and Nalgonda Districts.
for direct recruitment to posts in any cadre under any local authority within that zone, carrying a scale of pay, the minimum of which exceeds the clerk but does number exceed Rs.480/ per mensem or a fixed pay which exceeds the minimum of the scale of pay of a lower division clerk but does number exceed Rs.480/ per mensem or any amount companyresponding to it as may be specified in this regard in the successive revisions of pay scales granted by the State Government from time to time.
These were the Department of Public Health and Municipal Engineering, Indian Medicines and Homeopathy, Fire Services, Jail, Judiciary, Commercial Tax, Education, Employment and Training Development Training Wing , National Cadet Corps, Technical Education, Weights and Measures, Labour, Treasuries and Accounts.
Accordingly, transfer of the writ petitioner outside the limits of twin city was declared illegal and quashed.
He will be governed by the provisions of the Special Rules for the Andhra Pradesh Police Subordinate Service.
The Hyderabad Act 3 b Police Officer shall be deemed to include every member of the City Police Force appointed under this Act and shall also include the Commissioner of City Police, Hyderabad, Deputy or Assistant Commissioner of Police, and subject to the provisions of sub section 2 of Section 9 and Sub Section 2 of Section 10 shall also include every person who has been appointed as an additional or special Police Officer.
For the sake of reference, memo issued to one of the appellants is reproduced below ANDHRA PRADESH PUBLIC SERVICE COMMISSION MEMO NO.23490/J8/85 dated 29.5.1985 Sub.
Secretary To Sri Pantala Venkata Radha Krishna Thereafter, the Commissioner of Police in exercise of the power vested in him under Rule 2 a and Annexure I of the Special Rules for the Andhra Pradesh Subordinate Service issued orders for appointment of the appellants as Sub Inspectors of Police.
The said scheme was finalized in companysultation with the Allotment Committee companystituted under G.O. Ms. No.74 dated 15.11.1995.
Thirteen vacancies were reserved to be filled in by transfer from police ministerial staff.
Medak Nalgonda City Range Hyderabad and Secunderabad 1.
This is evident from paragraph 7 of the clarification, which reads as under In regard to the service the basic approach of the formula is that the people of different areas should have equitable employment and career prospects.
Similar advertisements were issued after 1975 for recruitment to various posts enumerated in paragraph 14 f of the Presidential Order.
As numberseparate cadre for the City of Hyderabad needs to be organized for the Police Department, the Ministerial staff of the office of the Commissioner of Police alone will be included in zone VI.
Pre Presidential Order Litigation Shri D. Ram Reddy and Shri T. Ram Reddy, who were recruited as Head Constable and Constable respectively in the Hyderabad City Police filed Writ Petition No.1643/1973 questioning their transfers to Khammam and Nalgonda districts respectively by the Commissioner of Police, Hyderabad on the ground that being members of Hyderabad City Police force, they companyld number be transferred outside the twin cities of Hyderabad and Secunderabad.
In 1969, an agitation was launched by some political parties demanding separate statehood for Telangana area on the ground that people of that area were number getting their due in the matters of education, government employment and economic development.
were appointed in districts other than Hyderabad City Police and were promoted as Inspectors in their respective parent units as per seniority in their respective ranges and they cannot claim companytinuance in Hyderabad City Police.
dated 30.11.1993 .
The same were issued vide G.O. Ms. No.374 Home Police.
In 1994 also, an advertisement was issued for recruitment of 435 Sub Inspectors Civil Intelligence Man .
The Tribunal relied upon the orders passed by the learned Single Judge and the Division Bench of the High Court in Writ Petition No.1643/1973 and Writ Appeal No.890/1975 respectively, referred to the provisions of the Hyderabad Act and quashed the transfers of the officers belonging to different districts to the Hyderabad City Police with a direction that they be sent back to their respective districts and the companysequential vacancies be filled from the officers of the City Police.
and Training, Hyderabad GSR E dated 18.10.75 Office of the Deputy Inspector General of Police, Railways, Crime and Training, Hyderabad.
In 1999, the Governor framed another set of Special Rules for A.P. Police Civil Subordinate Services.
ANNEXURE 1 New Police Ranges as per Police Ranges prior to the the order issued in G.O. Ms issue of orders issued in No.1697, Home dated 10.12.1975 G.O. Ms No.1697, Home dated 10.12.1975 ZONE 1 Northern Range Head quarters at Vishakahpatnam Srikakulam Vishakhapatnam ZONE II Eastern Range Headquarters at Eluru East Godavari 1.
Zone II East Godavari, West 18 Godavari and Krishna Districts.
C dated 14.12.1999.
Sd Sd Abdul Kareem Khan, IAS, Secretary f.b.o/ Asst.
Out of 143 posts of Sub Inspectors of Police, 93 were earmarked for Hyderabad City, which was described as Zone VII.
In the same advertisement, the posts of Assistant Commercial Tax Officers were shown for Hyderabad I 2 and Hyderabad II 4 falling in Zone VI.
dated 3.10.1985 and f any post Police Officer as defined in clause b of Section 3 of the Hyderabad City Police Act, 1348 F. THE FIRST SCHEDULE See paragraph 2 1 a City of Hyderabad Hyderabad Municipal Corporation area Hyderabad Division Secunderabad Division Secunderabad Cantonment area Osmania University Campus Zamistanpur Village Fatehnagar Panchayat area Bowenpalle Panchayat area Machabolaram Panchayat area Lalaguda Village Village Malkajgiri Panchayat area Uppal Khalsa Panchayat area Alwal Panchayat area Balanagar Panchayat area Musapet Panchayat area Kukatpalli Panchayat area THE SECOND SCHEDULE See paragraphs 2 1 m and 8 4 ZONES RATIO Zone I Srikakulam, Vizianagaram 12 1st day of June, 1979 Visakhapatnam Districts.
Recruitment Direct Group II Andhra Pradesh Services 1983 84 Allotment of selected candidates to the Department Intimation to the selected candidates Reg.
dated 30.11.1993 .
G.O.Ms.
Zone III Guntur, Prakasam and 15 Nellore Districts.
Before enactment of the 1985 Act, the Governor of the State had, in exercise of the powers companyferred upon him by Sections 8 and 10 of the Madras District Police Act, 1859, Section 6 of the Hyderabad District Police Act 1329 Fasli and Section 7 of the Hyderabad Act read with proviso to Article 309 of the Constitution of India made the Special Rules for Andhra Pradesh Police Subordinate Service.
In that advertisement 74 vacancies were shown as earmarked for Zone VII i.e., Hyderabad City free zone .
Police Transport Organization Office of the Director of Police Communications Office of the Director of Forensic Science Laboratory, Hyderabad All categories of posts in Being exempted the Special Police categories vide Battalions including Notification No.
GSR 526 E dated 18.10.1975.
Their selection was preceded by an advertisement issued by the Public Service Commission for recruitment to various posts including Sub Inspectors of Police.
They pleaded that their transfer to Hyderabad City Police had been effected in accordance with the provisions of the 1985 Act and rules framed there under and in public interest and the Governments action to transfer them back to the ranges in which they were initially appointed is ex facie illegal, arbitrary and unjustified.
Recruitment of the appellants and particulars of some other advertisements The appellants were appointed as Sub Inspectors of Police in Hyderabad City.
At the time of formation of the State in 1956, certain safeguards were envisaged for Telangana area in the matters of development, employment opportunities and educational facilities for the residents of that area.
He may await companymunication from the Unit Officer i.e. Director General of Police, A.P., Hyderabad.
For the sake of reference, the order of appointment of one of the appellants, namely, P.V. Radha Krishna, is reproduced below GOVT.
S. Singhvi, J. The State of Andhra Pradesh companyprises of three regions known as Andhra area, Telangana area and Raylaseema area.
OF ANDHRA PRADESH Office of the Commissioner of Police.
Northern, Eastern, Central Southern, Warangal and Hyderabad Ministerial staff of the office of the Commissioner of Police, Hyderabad Ministerial Staff of the Special Police Battalions including Special Armed Police Ministerial staff of the District Police Office District Police i.e. Regular Police Force 16 .
Hyderabad and other areas as mentioned in First Schedule to the Presidential 2.
Mababoobnagar Medak 4.
As far as the police department is companycerned, the scheme of organization of local cadres excluded some of the offices and posts including the post of Police Officer as defined in clause b of Section 3 of the Hyderabad Act.
In 1991, advertisement Rc.
The Inspector General of Police, Andhra Pradesh and Commissioner of Police, Hyderabad, who were impleaded as respondents opposed the prayers of the petitioners by companytending that the petitioners are governed by the provisions of the Andhra Pradesh Police Subordinate Rules and, as such, they are liable to be transferred and posted anywhere in the State of Andhra Pradesh.
