Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 3688 (AP)

ALLADA PRABHAVATHI v. THE STATE OF AP

WP/2387/2025 · 2025-02-03

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2387 OF 2025 Between; 1. Allada Prabhavathi, W/o Bank Vykuntarao, age 55 Years, Assistant Beat Officer, Botlapadu Beat, Sarubujjili Section, Palakonda Range, Parvathipuram Manyam District. 2. Saripalli Esther Rani, W/o Gangadhararao, age 57 Years, Office subordinate. Working at Paderu Division, Alluru Seetharamaraju District. 3. Dabbiru Lakshmi Narasamma, W/o Malleswararao, age 58 Years, Junior Assistant, Divisional forest Office, Srikakulam, Srikakula Dist. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Dept, of Forest, Secretariat, Secretariat Building, Velagapudi, Amaravathi, Guntur Dist. 2. The State of A.P., Rep by its Principal Secretary, Finance Department, A.P. Secretariat, 1®* Floor, 2"'^ Block, Velagapudi, Guntur Dist. 3. The State of A.P., Rep by its Principal Secretary, Environment, Forests, Science & Technology (Sec.V) Department, A.P. Secretariat Velagapudi, Guntur District. 4. The Principal Chief Conservator of Forest, Aranya Bhavan, Guntur, Guntur Dist. 5. The Chief Conservator of Forest, Visakhapatnam Circle Visakhapatnam, Vasakhapatnam District. w r ...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 action of all the respondents not regularising the services of the petitioner in light of G.O.Ms.No. 114 Finance(HR.1 Plg.& Policy) Dept, Dt. 21.10.2023 as illegal, arbitrary, contrary to law. Violation of principles of natural justice, violation of Articles 14, 16 and 21 of constitution of India and further direct to all the respondents to complete entire process for regularisethe service of the 1®‘ petitioner as Assistant Beat Officer, the 2"^^ petitioner as Office Subordinate, and the 3^'^ petitioner as Junior Assistant on per with similarly placed employees in the forest Department by considering the Representation of the petitioners dated 8.1.2025 to the respondents 1 to 4 within two weeks. 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 respondent Nos. 1 to 4 to consider the cases of the petitioners for regularization in light of the G.O.Ms.No. 114 Finance(HR.1 Plg.& Policy) Dept, Dt. 21.10.2023 by considering the representation of the petitioners dated 8.1.2025 to the respondents within two weeks. Counsel for the Petitioners: SRI T.V.V. KOTESWARA RAO Counsel for the Respondent Nos. 1, 3 to 5: SRI S.RAJU, ASST.GP FOR SERVICES-I Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following: ORDER I APHC010020512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2387/2025 Between; 1.ALLADA PRABHAVATHI, W/0 BANK VYKUNTARAO, AGE 55 YEARS, ASSISTANT BEAT OFFICER, BOTLAPADU BEAT, SARUBUJJILI PALAKONDA RANGE, PARVATHIPURAM MANYAM SECTION, DISTRICT. W/0 GANGADHARARAO, AGE 57 2.SARIPALLI ESTHER RANI YEARS, OFFICE SUBORDINATE. WORKING AT PADERU DIVISION ALLURU SEETHARAMARAJU DISTRICT. 3.DABBIRU LAKSHMI NARASAMMA,, W/0 MALLESWARARAO, AGE 58 YEARS, JUNIOR ASSISTANT, DIVISIONAL FOREST OFFICE, SRIKAKULAM, SRIKAKULA DIST. ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPT, OF FOREST, SECRETARIAT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2.THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANCE 2ND BLOCK, DEPARTMENT, A.P. SECRETARIAT, FLOOR VELAGAPUDI, GUNTUR DIST. 3.THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY (SEC.V) VELAGAPUDI, GUNTUR DEPARTMENT, A.P. SECRETARIAT DISTRICT. 2 4.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST. ARANYA BHAVAN, GUNTUR, GUNTUR DIST. 5.THE CHIEF CONSERVATOR OF FOREST, VISAKHAPATNAM CIRCLE VISAKHAPATNAM, VASAKHAPATNAM DISTRICT. ...RESPONDENT{S); Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of all the respondents not regularizing the services of the petitioner in light of G.O.Ms.No.114 Finance(HR.1 Pig.and Policy) Dept, Dt. 21.10.2023 as illegal, arbitrary, contrary to law. Violation of principles of natural justice, violation of Article 14, 16 and 21 of constitution of India and further direct to all the respondents to complete entire process for regularize the service of the 1st petitioner Assistant Beat Officer, the 2nd petitioner as Office Subordinate, and the 3rd petitioner as Junior Assistant on per with similarly placed employees in the forest Department by considering the Representation of the petitioners dated 8.1.2025 to the respondents 1 to 4 within two weeks and pass lA NO: 1 OF 2025 as 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 Counsel for the Petitioner(S): 1 .T V V KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES The Court made the following: :: ORDER ;; Heard Sri T.V.V.Koteswara Rao, learned counsel for the petitioners and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents. / 3 Assistant Beat Officer vide 2. The petitioner was appointed as Rc.No.4493/2003-A2. dated 30.03.2007 issued by Divisional Forest Officer. Srikakulam (Ex.P3 of additional material papers). The 2"^^ petitioner was appointed as Officer Subordinate vide Rc.No.1937/2007/E. dated 20.09.2007 (Ex.P7). The 3'"^ petitioner was appointed as Rc.No.4493/2003-A2. dated 30.03.2007 (Ex.P4 of additional material papers). Junior Assistant vide 3. Learned counsel for the petitioners would submit that Government issued G.O.Ms.No.114 Finance (HR-I Pig. & Policy) Department, dated 21.10.2023 (Ex.P9). Petitioners are eligible for regularization. Fie also would submit that the case of the petitioners for regularization is pending before the respondent. Petitioners made representation dated 08.01.2025 (Ex.P1) to the respondents 1 to 4. However, the same was not considered, and hence the writ petition. Learned Assistant Government Pleader for Services submitted of District Forest Officer vide Rc.No.63/2025/A2, dated 01.02.2025. The operative portion is usefully extracted hereunder: St 1 \ 4. instructions Further, it is submitted that, as per reliable sources. 33 persons (who not regularized) have submitted representation through their State Association to the Hon’ble Deputy Chief Minister cum Forest Minister for their regularization in the month of November. 2024 (copy enclosed). Inturn. the Hon’ble Deputy Chief Minister cum Forest Mnister have been responded and instructed to the Concerned section are in the EFS&T Department. Mangalagiri. accordingly, necessary instructions have issued to the Prl. Chief Conservator of Forests no.EFSOI- (HoFF). A.P. Mangalagiri through Memo FRST0FSER/138/2022-SEC-V. dt;07.01.2025 which is pursuation/consideration.” under 5. Along with the instructions a memo issued by Special Chief Secretary to vide Memo No.EFS01-FRST0FSER/138/2022-SEC-V. dated 07.01.2025. was also annexed. Government 4 f 6. A perusal of the memo would indicate that the learned Special Chief Secretary to the Government requested the Principal Chief Conservator of Forests & HoFF, Andhra Pradesh to examine and furnish the proposal for the regularization of the remaining individuals. The names of the petitioners are indicated in the representation made by the association. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned respondents 3 and 4 to consider the representation made by the petitioners dated 08.01.2025 and pass appropriate orders strictly as per the rules within two (02) months. There shall be no order as to costs. 7. Miscellaneous petitions pending, if any, shall stand closed. SDI- K. TAT.A RAO DEPUTY REGISTRAR //TRUE COPY// ^ St- ' SECTION OFFICER 1. The Principal Secretary, Department of Forest, State of Andhra Pradesh Secretariat, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat, 1®‘ Floor, 2"'^ Block, Velagapudi, Amaravati, Guntur District. 3. The Principal Secretary, Environment, Forests, Science & Technology (Sec.V) Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. 4. The Principal Chief Conservator of Forest, Aranya Bhavan, Guntur, Guntur District. 5. The Chief Conservator of Forest, Visakhapatnam Circle Visakhapatnam, Vasakhapatnam District. 6. One CC to Sri T.V.V.Koteswara Rao, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. To, gi HIGH COURT DATED:03/02/2025 ORDER WP.No.2387 of 2025 5 15 FEB 20?o <2,^ . Current Section DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS