IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17898 OF 2023 Between: A. Venkata Subbaiah, S/o. Late Guntaiah, Age 45 Years, Working as Forest Range Officer,(TTD) Tirupati, Balaji District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Governrnent Environment, Forests, Science & Technology Dept A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Principal Chief Conservator of Forests, (HoFF) Mangalagiri, Guntur District. 3. The Chief Conservator of Forests, Guntur Circle, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Conservator of Forests on the ground of pendency of articles of charges in Ref.No.EFS02- 19028/3/2020Nig.l(ii) dt.27.2.2022 in respect of alleged incident of December 2019 without finalizing the departmental proceedings even after issuing 9 notices and inspite of instructions issued by the Government and inspite of Division Bench judgement reported in 2010 (4) ALT 374 and relying upon G.O.Ms.No.257 GAD in the existing clear vacancy as illegal and arbitrary and violates Article 14, 16 and 21 of Constitution of India and ▼ consequently declare that the petitioner is entitled for promotion from the date of his eligibility as per his seniority with all consequential attendant benefits in the interest of justice. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to issue Interim Direction directing the Respondents to forthwith consider the case of the petitioner for promotion to the post of Assistant Conservator of Forests in the existing vacancy without reference to the pendency of the articles of charges issued by the rd respondent in Ref.No.EFS02-19028/3/2020NigAii) dt.27.2.2022 pending disposal of the above W.P. and to pass lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government Environment, Forests, Science & Technology Dept A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Principal Chief Conservator of Forests, (HoFF) Mangalagiri,Guntur District. 3. The Chief Conservator of Forests, Guntur Circle, Guntur District. ...PETITIONERS/RESPONDENTS AND A. Venkata Subbaiah, S/o. Late Guntaiah, Age 45 Years, Working as Forest Range Officer,(TTD) Tirupati, Balaji District. ...RESPONDENT/PETTIONER Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be T pleased to vacate the interim order in I.A.No.1 of 2023 in W.P.No.17898 of 2023, dated 21.07.2023 and dismiss the Writ Petition as it devoid of merits. Counsel for the Petitioner: SRI P. V. RAMANA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER <» APHC010349102023 [3331] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17898/2023 Between: 1.A VENKATA SUBBAIAH, S/0. LATE GUNTAIAH. AGE 45 YEARS, WORKING AS FOREST RANGE OFFICER,(TTD) TIRUPATI, BALAJI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT SCIENCE AND TECHNOLOGY DEPT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HOFF) MANGALAGIRI, GUNTUR DISTRICT. 3.THE CHIEF CONSERVATOR OF FORESTS, GUNTUR CIRCLE, GUNTUR DISTRICT , REP. BY ITS PRINCIPAL ENVIRONMENT, FORESTS, A.P. SECRETARIAT, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Conservator of Forests on the ground of pendency of articles of charges in Ref.No.EFS02- 19028/3/2020Nig.l(ii) dt.27.2.2022 in respect of alleged incident of December " 2019 without finalizing the departmental proceedings even after issuing 9 T SRS.J W.P.No.17898 of 2023 notices and in spite of instructions issued by the Government and in spite of Division Bench judgment reported in 2010 (4) ALT 374 and relying upon G.O.Ms.No.257 GAD in the existing clear vacancy as illegal and arbitrary and violates Article 14, 16 and 21 of Constitution of India and consequently declare that the petitioner is entitled for promotion from the date of his eligibility as per his seniority with all consequential attendant benefits in the interest of justice and to pass lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue Interim Direction directing the Respondents to forthwith consider the case of the petitioner for promotion to the post of Assistant Conservator of Forests in the existing vacancy without reference to the pendency of the articles of charges issued by the rd respondent in Ref.No.EFS02- 19028/3/2020NigAii) dt.27.2.2022 pending disposal of the above W.P. and to pass lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order in I.A.No.1 of 2023 in W.P.No.17898of 2023, dated 21.07.2023 and dismiss the Writ Petition as it devoid of merits and pass Counsel for the Petitioner: 1. P V RAMANA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: :: ORDER :: Sri P.V.Ramana, learned counsel for the petitioner would submit that pending the writ petition, the charge memo issued against the petitioner was SRS,J W.P.No. 17898 of 2023 A dropped in December, 2023. Hence, no further adjudication is required in the writ petition. Recording the submission made by learned counsel for the petitioner, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- K. KASIRAO ACHARi ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri P. V. Ramana, Advocate [OPUC] 2. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 3. Three C.D. Copies. Cnr T HIGH COURT DATED:07/01/2025 ^9 andw;^ I 1 FEB 2025 0»i ORDER ^ . Current Section WP.No.17898 of 2023 CLOSING THE W.P. WITHOUT COSTS