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2025 DAILYLAW 39975 (AP)

D SRIDHAR RAO v. THE STATE OF AP

WP/5215/2025 · 2025-11-16

Nyapathy Vijay

body2025

Judgment text

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APHC010095802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5215/2025 Between: 1. D SRIDHAR RAO, S/O. D. JAYA RAO, AGED 46 YEARS, OCC FOREST SECTION OFFICER, PEDAPADU SECTION, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 2. N. SRINIVAS BABU, S/O. LAKSHMIPATHI RAJU, AGED 48 YEARS, OCC FOREST SECTION OFFICER, WLM RANGE, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 3. P. GANGARATNAM, D/O. P. RAJU, AGED 44 YEARS, OCC FOREST SECTION OFFICER, NIDAMANURU SECTION, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 4. G. DHANALAKSHMI, D/O. G. SUBBA RAO, AGED 44 YEARS, OCC FOREST BEAT OFFICER, CHETTUNNAPADU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 5. M. RATNA RAJU, S/O. BHUSHANAM, AGED 44 YEARS, OCC FOREST BEAT OFFICER, ADAVIKOLANU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 6. G. SRINIVASA RAO, S/O. DEVANANDAM, AGED 44 YEARS, OCC FOREST BEAT OFFICER, GUDVAKALANKA SECTION, WILD LIFE MANAGEMENT DIVISION ELURU DISTRICT, ANDHRA PRADESH. 7. M. RAJ KUMAR, S/O. BABU RAO, AGED 37 YEARS, OCC FOREST BEAT OFFICER, KOLLETIKOTA, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 2 8. S. SRINIVASA RAO, S/O. VE AGED 44 YEARS, OCC FOREST BEAT OFFICER, PYDICHINTHAPADU, WILD LIFE MANAGEMENT DIVISION ELURU DISTRICT, ANDHRA PRADESH. 9. CH. SRINIVASA RAO, S/O. PEDABHOGAIAH, AGED 47 YEARS, OCC FOREST BEAT OFFICER, ALAPADU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 10. P. APPA RAO, S/O. VEERAJU, AGED 47 YEARS, OCC FOREST BEAT OFFICER, PULLA, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 11. K. VENKANNA, S/O. YELLAYYA, AGED 46 YEARS, OCC FOREST BEAT OFFICER, MANGULURU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 12. B.RAJESH, S/O. VENKATESWARA RAO, AGED 37 YEARS, OCCFOREST BEAT OFFICER, KAIKALURU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. 13. .P.N.V KRISHNA, S/O. KOTESWARA RAO, AGED 43 YEARS, OCC FOREST BEAT OFFICER, SRIPARRU, WILD LIFE MANAGEMENT DIVISION, ELURU DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE (H.R.1) PLANNING AND POLICY DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HEAD OF FOREST FORCE), ARANYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT, A.P. PETITIONERS. 3 4. THE CHIEF CONSERVATOR OF FORESTS, RAJAHMUNDRY CIRCLE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, A.P. 5. THE DIVISIONAL FOREST OFFICER, (WILD LIFE MANAGEMENT) ELURU DIVISION (WILD LIFE MANAGEMENT) ELURU DISTRICT, ANDHRA PRADESH. ...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 particularly one in the nature of a writ of Mandamus declaring the action of the 3rd respondent in issuing Proceedings Rc.No.48619/2008/HR-2 (i) dated 31-01-2025 wherein informed the 4th respondent that the petitioners are not eligible for regularisation as their services were taken in the Scheme on Contract basis and consequential proceedings vide Rc.No.1738/2007-M2 dated 01-02-2025 and proceedings No. 1318/2024/ WL-3 dated 01-02-2025 issued by the 4th and 5th respondents wherein communicated the same to the petitioners and in not extending the benefit of regularisation on par with other contract employees in pursuant to G.O. Ms. No. 22 Environment, Forests, Science and Technology (SEC.V) Department dated 16-03-2024 of the 1st respondent is illegal, arbitrary, unjust, discriminatory, contrary to G.O. Ms. No.114, Finance (HR.I Pig. and Policy) Department dated 21-10-2023 and violative of Articles 14 and 16 of the Constitution of India and consequently set aside the same by directing the respondents to regularize the services of the petitioners in the cadre of Forest Section Officers and Forest Beat Officers on par with others in terms of G.O. Ms. No. 22 Environment, Forests, Science and Technology (SEC.V) 4 Department dated 16-03-2024 of the respondent with all consequential benefits and also in terms of G.O. Ms. No. 114 Finance (HR.I Pig. and Policy) Department dated 21-10-2023 of the 2nd respondent, and pass such other order. IA 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 regularize the services of the petitioners in the cadre of Forest Section Officers and Forest Beat Officers on par with others in terms of G.O.Ms.No.22, Environment, Forests, Science & Technology (SEC.V) Department dated 16-03-2024 of the 1st respondent, pending disposal of the above writ petition and pass such other order. Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5215 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.3 in issuing Proceedings vide Rc.No.48619/2008/HR- 2(i), dated 31.01.2025 informing Respondent No.4 that the Petitioners are not eligible for regularization as their services were taken on contract basis and consequential Proceedings vide Rc.No.1738/2007- M2, dated 01.02.2022 and Proceedings No.1318/2024/WL-3, dated 01.02.2025 issued by Respondent Nos.4 and 5 respectively not extending the benefit of regularization on par with other employees pursuant to G.O.Ms.No.22, Environment, Forests, Science and Technology (Ser.V) Department, dated 16.03.2024 issued by Respondent No.1, as illegal, arbitrary and contrary to G.O.Ms.No.114, Finance (HR.I Plg. & Policy) Department, dated 21.10.2023. 2. The Petitioners were selected and appointed as Forest Section Officers and Forest Beat Officers respectively on 01.01.2007 pursuant to G.O.Ms.No.114, Environment, Forests, Science and Technology (FOR.II) Department, dated 15.11.2006 and G.O.Ms.No.152, EFS & T (FOR.II) Department, dated 07.12.2006 and all of them are discharging their duties as on date. 6 3. The Petitioners had completed more than 18 years of service in the Respondent-Department in the same cadres. While so, Respondent No.1 had issued G.O.Ms.No.114, dated 21.10.2023 based on the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (for short, ‘Act 30 of 2023’) proposing to regularize the services of the contract employees vis-à-vis the clear vacancies existing as of 02.06.2014, whereunder regularization of individuals appointed on a contract basis was to be considered provided that the final appointment was in due compliance with the procedure relating to (i) Notification of Vacancies; (ii) Selection Process; and (iii) Rule of Reservation and eligibility; age; and Educational Qualifications prescribed for the post. The Petitioners claim for regularization in terms of the ‘Act 30 of 2023’. Hence, the present Writ Petition is filed. 4. Heard Smt. Kavitha Gottipati, learned counsel for the Petitioners and Sri S. Raju, learned Assistant Government Pleader appearing for the Respondents. 5. The learned counsel for the Petitioners relies upon Order dated 07.04.2025 passed by this Court in W.P. No. 8827 of 2024 and batch in support of her contentions, wherein similarly placed employees were directed to be considered for regularization. 7 6. The learned Assistant Government Pleader submits that the cases of the Petitioners for regularization would be considered in terms of Act 30 of 2023 as per their turn and therefore he contends that the present Writ Petition is premature. 7. Having heard the respective counsel and considering the Order of this Court in W.P.No.8827 of 2024 dated 07.04.2025, the present Writ Petition is disposed of with the following directions; (i) The Respondent-authorities are directed to consider the case of the Petitioners for regularization in terms of the Act 30 of 2023 on par with other contract employees as expeditiously as possible. (ii) No order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 17.11.2025 IS 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5215 of 2025 Date: 17.11.2025 IS