APHC010364412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 9 TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18549 OF 2Q2fi Between: Mesa Mariyamma, W/o Anchala Sreenivasulu, Officer, Kalamala Beat, Muddanuru Mandal age 60 Years, Forest Beat YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Special Chief Secretary Environment, Forests, Science Technology Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Dept, of Forest, Secretariat, Secretariat Building, Velagapudi, to Govt. Amaravathi, Guntur Dist. 3. The State of A P, Rep by its Principal Secretary, Finance Secretariat, Floor, 2^^ Block, Velagapudi Guntur Dist. 4. The Principal Chief Conservator of Forests, Head of forest Force, Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur Dist. 5. The District Forest Officer, SR(T) Division, Kadapa 6. The Chief Conservator of Forest, Kurnool Circle, Kurnool Department, A.P. YSR Kadapa District. , Kurnool 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 particularly one in the nature of Writ of Mandamus declaring the impugned orders vide Rc.No. 1468/2007/A7 dated 03.07.2025 of the 5*'^ respondent is as illegal, arbitrary, contrary to law Violation of principles of natural justice, violation of Article 14, 16 and 21 of constitution of India and set aside the same above impugned proceedings on the ground that while the case of the petitioner is pending for regularization before the respondents 1 to 3 herein in light of G.O.Ms.No.114 Finance (HR.1 Pig. Policy) Dept., Dt. 21.10.2023 and further direct the respondents regularise the services of the petitioner as Forest Beat Officer per with the similarly placed candidates in G.O.Ms. No. 22 dated 16.3.2024 of the 1®* respondent and pay the all the consequential and attendant benefits to the petitioner on per with the candidates whose services are regularised from 1.4.2024 and continue the petitioner up to 62 years. lA NO: 1 OF 2025 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 direct the respondents to continue the petitioner in her post by suspending the impugned orders vide Rc.No. 1468/2007/A7 dated 03.07.2025 of the 5*'' respondent. on Counsel for the Petitioner: SRI T VV KOTESWARA RAO Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: \ APHC010364412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18549 OF 2025 Between: ...PETITIONER Mesa Mariyamma AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1 .T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18549 OF 2025 ORDER; The present Writ Petition is filed questioning the Proceedings vide Rc.No.1468/2007/A7, dated 03.07.2025 issued by the Respondent No.5 in permitting the Petitioner to retire from service on attaining the age of superannuation on 31.07.2025, without prejudice to disciplinary proceedings or recovery of outstanding due amounts impugned against her. 2. The Petitioner was initially appointed as Forest Beat Officer (F.B.O) on contract basis in the year 2004 and the same was being extended from time to time. While so, an Act was issued “Andhra Pradesh Regularization of Services of Contract Employees Act, 2023, (in short “the Act”) which provided for regularization of Contract Employees as per Chapter-2 thereof, certain conditions have been prescribed for regularization. One of the conditions imposed that Section 3(2) of “the Act” states that the persons, who have been appointed on contract basis as on 02.06.2014 and should be continuing as on the date of commencement of the Act are entitled for regularization. Chapter-ll deals with Regularization of Services of Persons appointed on contract basis, wherein Section 3 of ‘the Act’ reads as under: 3. Notwithstanding anything contained in any law/ Rule/ Notification/ Government order for the time being in force, the persons appointed on contract basis, shall be regularized, subject to fulfillment of the following conditions. (1) Regularization shall be applicable to the persons appointed contract basis in the Government Departments only. on (2) The persons should have been appointed on contract basis as on 2'^ June 2014 and should be continuing as on the date of the commencement of this Act. (3) (4) (5) The regularization of a person appointed on contract basis shall be considered, only if his initial appointment was in due compliance with the procedure relating to: (i) Selection Process; (ii) Rule of reservation; (Hi) Eligibility, age & educational qualifications prescribed for the post; (iv) Notification of Vacancies. (6) The regularization shall be only, against, clear vacancies after duly excluding the vacancies notified by the recruitment bodies such as Andhra Pradesh Public Service Commission (APPSC), Andhra Pradesh State Level Police Recruitment Board (APSLPRB) etc., 3. Learned counsel for the Petitioner would further submit that the proposals were sent by Principal Chief Conservator of Forests for regularization of 151 contract employees, working in the Forest Department as on 02.06.2014 and still working as on 21.10.2023. As per G.O.Ms.No.22 dated 16.03.2024, the Government regularized 119 contractual employees. leaving the balance of 32 employees. The reason for non consideration of the Petitioner’s case for regularization was on account of non furnishing of latest Caste Certificate by the Petitioner. In the proposals sent by the Principal Chief Conservator of Forests for the second time on 07.02.2025 for regularization of 32 individuals, the name of the Petitioner was also included. It is on this ground that the Petitioner is questioning the impugned proceedings as her case for regularization is under active consideration. 4. Learned Assistant Government Pleader for the Respondents would contend that the Petitioner is not entitled for continuing beyond 31.07.2025 as she was not regularized as on date. It was contended that as per G.O.Ms.No.15, dated 31.01.2022 the Andhra Pradesh Public Employment Regulation of Age of Superannuation Act, 1984 was amended by enhancing the age from 60 to 62 years would not apply to the case of the Petitioner. 5. Having heard the respective counsel and considering the fact that the issue of regularization of the Petitioner is under active consideration by the Government, the Petitioner would have to face hardship, in the event, regularization is with effect from 31.07.2025. 6. In that view, this Court is inclined to dispose of the Writ Petition with following directions: (i) The Petitioner shall continue as Forest Beat Officer till the Respondent No.1 decides on the aspect of regularization of the Petitioner; (ii) The Petitioner shall be paid salary as was paid till Government take decision for regularization of the Petitioner or till attaining age of 62 years. 7. With the above directions, the Writ Petition is disposed of. No order ^ as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- 3HA1K WiOHD. RAFi assistant registrar //TRUE COPY// ^ OFFICER S To 1. The Special Chief Secretary to Govt., Environment, Forests, Science Technology Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Dept, of Forest, State of Andhra Pradesh, Secretariat, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 3. The Principal Secretary, Finance Department, State of A.P., A.P. Secretariat, Floor, 2'^'^ Block, Velagapudi, Guntur Dist. 4. The Principal Chief Conservator of Forests, Head of forest Force, Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur Dist. 5. The District Forest Officer, SR(T) Division, Kadapa, YSR Kadapa District. 6. The Chief Conservator of Forest, Kurnool Circle, Kurnool, Kurnool District. 7. One CC to Sri T V V Koteswara Rao, Advocate [OPUC] 8. Two CCs to GP for Services -1, High Court of Andhra Pradesh [OUT] 9. Two CD Copies RAM r*-' HIGH COURT DATED:22/07/2025 ORDER WP NO. 18549 OF 2025 DISPOSING OF THE WP WITHOUT COSTS