IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI (Special Original Jurisdiction) !.o WEDNESDAY .THE THIRTIETH DAY OF APRiC jipaH TWO THOUSAND AND TWENTY FIVE 'Oj (S7 '■•mi PRESENT the honourable SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: nr: y Between: 1. Divisional Forest Officer, Guntur Division 2. The Chief Conservator District. Guntur, Guntur District, of Forests, Guntur Circle Guntur, Guntur 3. The Principal Chief Conservator > Aranya Bhavan, Saifabad, Hyderabad. of Forests, (Head of Forest Force), 4. The Government of Andhra Pradesh, Represented By its Special Chief Secretary now as Principal Secretary to Environment, and Technology Department, Secretariat Forests, Science A.P., Hyderabad. ..■Petitioners/Respondents 1-4 In O.A.No.763/13 AND T Kuppala Renuka, D/o K.Koteswara Venkataraopeta, Manipuam, Guntur Rao, R/o D.No. 15-4-3/A, 1"* Line Guntur District. . • -Respondent/Applicant in O.A.No.763/2013 2. The Hon'ble Andhra Pradesh Administrative Tribunal, Rep. by its Registrar Parana Haveli, Hyderabad. ...Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ of certiorari or any other appropriate Writ, order or direction, calling for the records relating to an connected with OA No. 763/2013 on the file of the Hon’ble Andhra Pradesh Administrative Tribunal Hyderabad and to quash or set aside the order dated 11-02-2014 No. 763/2013 by holding as erroneous and contrary to law. I.A. NO: 1 OF 2014(WVMP. NO: 3924 OF 2014) Between: Kuppala Renuka, D/o K.Koteswara Rao Unemployee R/o D.No. 15-4-3/A, 1 Guntur, Guntur District. may in OA Aged about 29 years, Line Venkataraopeta, Manipuam, ...Petitioner/Respondent 1 in WP 34858/2014 AND 1. Divisional Forest Officer, Guntur Division, Guntur, Guntur District. 2. The Chief Conservator of Forests, Guntur Circle, Guntur, Guntur District. 3. The Principal Chief Conservator of Forests, (Head of Forest Force), Aranya Bhavan, Saifabad, Hyderabad. 4. The Government of Andhra Pradesh, Represented By its Special Chief Secretary now as Principal Secretary to Environment, Forests and Technology Department, Secretariat, A.P., Hyderabad. , Science ...Respondents/Petitioners in WP 34858/2014 5. The Hon’ble Andhra Pradesh Administrative Registrar Purana Haveli, Hyderabad. Tribunal, Rep. by its ...Respondent/Respondents Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be I pleased to vacate the interim orders granted on dt. 18-11-2014 in WPMP No. 43615 of 2014 in WP No. 34858 of 2014. LA. ND: 2 OF 2014(WPMP. NQ: 43615 OF 70^A} 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 suspend the operation of the orders dated 11-02-2014 in OA No. 763/2013 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, pending disposal of the writ petition. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent No.1: SRI EDARA NAGESWARA The Court made the following; (AP) RAO APHC010655512014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 34858/2014 Between: ...PETITIONER(S) Divisional Forest Officer, Guntur Dist & 3 Others and Others AND ...RESPONDENT(S) Kuppala Renuka Guntur District Another and Others Counsel for the Petitioner(S): 1.GP FOR SERVICES I (AP) Counsel for the Respondent(S): 1. EDARA NAGESWARA RAO 2 HBKM.J & AHHSJ W.P. No. 34858 of 2014 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned Assistant Government Pleader for Services-I appearing for the writ petitioners and the learned counsel appearing for the 1 St respondent. 2. This Writ Petition was filed against the order passed by the erstwhile Tribunal in O.A.No.763 of 2013, dated 11.02.2014 allowing the OA following the orders passed in O.A.No.7641 of 2012, dated 02.11.2012. 3. The learned Assistant Government Pleader appearing for the Writ Petitioners submits that the 1®* respondent and another candidate one Kum.P.Malavika were qualified against the roster point 65-OC (W) and they secured marks in the written examination as: SI. Name of the Candidates Marks secured Total Weight-age No. Essay Writing General Knowledge General Maths Max Marks Max Marks Max Marks 100 20 100 Eligible Marks Eligible Marks 35 Eligible Marks 7 35 1. P.Malavika (F) 15 74 59 148 2. K.Renuka(F) Respondent-1 8 80 53 141 4. The said two candidates along with others were called for the walking test and they were qualified in the walking test. Since Kum.P.Malavika secured 1®‘ rank in the written examination, appointment orders were issued to 3 HBKM.J & AHHSji W.P.No.34858 of 2014 dated 17.09.2012 for the post of Forest Beat Officer (FBO) and the said appointment order was acknowledged by her on 17.09.2012 itself. Thereafter, she submitted a representation, dated 05.10.2012 to the 1^^ petitioner herein, relinquishing her appointment as Forest Beat Officer since she wished to continue her B.Tech Course and submitted bond paper to that effect duly attested by an advocate with notary. Subsequently, the 1®' respondent submitted her vide DFO, Guntur, bearing Rc.No.4749/2011-S.1 a representation, dated 07.01.2013 to the 2'"'^ petitioner herein seeking issuance of appointment orders in the place of Kum. P.Malavika for the post of Forest Beat Officer she stood 2^^^^ in the order of merit. , as 5. But, the learned Assistant Government Pleader appearing for the Writ Petitioners submits that, (SER.A) Department, dated 04.12.1998. the said per G.O.Ms.No.544 General Administration as vacancy due to non-joining of Kum. P.Malavika, would go to the next selections, but, not to the 2^^ candidate in the order of merit, even though, he/she is available. The relevant portion of the above said G.O.Ms.No.544, dated 04.12.1998 is extracted hereunder: ‘The fallout vacancies, if any, due to relinquishment and etc., of selected candidates shall be notified in the next recruitment. non-joining 6. Since the petitioners did not issue offer of appointment orders respondent herein, she approached the erstwhile Tribunal by filing the above said O.A.No.763 of 2013. By that time, as the erstwhile Tribunal dealt with another O.A.No.7641 of 2012 on 02.11.2012 in respect of the post of Forest to the 1 4 HBKM,J & AHHSJ W.P. No. 34858 of 2014 Thanedar as it was considered for the next selected candidate as per the merit for the said post and as both the counsels appearing in O.A.No.763 of 2013 submitted before the erstwhile Tribunal that the said O.A. was similar to the previous OA order, dated 02.11.2012, the Tribunal allowed the said O.A.NO.763 of 2013 vide order, dated 11.02.2014. Though the said OA was allowed following the earlier orders of the Tribunal, but, as the facts and circumstances are different, the same principle cannot be extended in the respondent herein and as such this Writ Petition was filed questioning the orders passed by the Tribunal, dated 11.02.2014 in St case of the 1 O.A.No.763 of 2013. St On the other hand, the learned Senior Counsel appearing for the 1 respondent submits that the petitioners are having no option except to implement the orders passed by the Tribunal in O.A.No.763 of 2013, dated 11.02.2014, as it was allowed on the similar lines of the orders passed earlier in the previous OA as stated above. He also further submits that the previous orders of the erstwhile Tribunal in O.A.No.7641 of 2012, dated 02.11.2012 was confirmed by the erstwhile High Court of Andhra Pradesh in W.P.No.5622 7. of 2013, dated 13.03.2013. In view of the above said facts and circumstances and upon 8. consideration of the rival submissions made, it is to be seen that the erstwhile Division Bench of the Combined High Court dealt with the facts and circumstances of that case, which arise from O.A.No.7641 of 2012, dated 02.11.2012 of the erstwhile Tribunal. That was the case of V.Ramalakshmi, HBKM,J & AHHS J(P W.P.No.34858of2014 ' who was selected for two posts i.e., one for the post of Forest Thanedar and the other for the post of Assistant Beat Officer. But, she joined obviously in the higher post of Assistant Beat Officer. Their Lordships as then were observed that in that case insofar as non-joining in the post of Forest Thanedar is concerned, it does not become relinquishment. Once a person is selected for two posts it is obvious that he/she would join only in the higher post. It is clear that other post would be vacant. In such a situation when a candidate selected for two posts instead of issuing appointment order for two, the authorities should have issued order for the higher post, so that the next meritorious candidate would be appointed in the next category post. On that principle, the earlier orders of the Tribunal in O.A.No.7641 of 2012, dated 02.11.2012 were upheld by dismissing the said writ petition No.5622 of 2013 on 13.03.2013. But here is a IS case where the successful candidate got selected only for one post i.e.. Forest Beat Officer and received appointment order, dated 17.09.2012 and later submitted her representation, dated 05.10.2012 relinquishing her appointment as Forest Beat Officer in order to pursue her further course of Engineering. Admittedly, there was no waiting list maintained under the said notification for the post of Forest Beat Officer and it is not the case of either of the parties that the 1®‘ respondent was shown in the ‘waiting list” for the said post in the order of merit. Once the appointment order was issued dated 17.09.2012 to Kum. P.Malavika, the selection process was completed under those facts and circumstances as per the said notification under which she was selected and appointed. Subsequently, even if any 6 HBKM.J & AHHSJ W.P. No. 34858 of 2014 sudden vacancy arouse in that particular post that would not become an under the said notification so as to offer to the next order of merit. Even the purport of G.O.Ms.No.544, dated available vacancy’ candidate in the 04.12.1998 referred by the learned Assistant Government Pleader appearing for the Writ Petitioners is dealing with the situation where the waiting list is and how it cannot be operated and the fallen vacancies to be notifications and selections. Though the O.A.No.763 of maintained considered for future allowed following the principle laid in O.A.No.7641 of 2012, dated 02.11.2012 which was confirmed in the above said writ petition No.5622 of the facts and circumstances are totally different 2013 was 2013 on 13.03.2013, but, as the same principle and directions cannot be extended in this case respondent’s representation for the post of In view of the same, the 1 Forest Beat Officer cannot be considered in this Writ Petition 9. Accordingly, the Writ Petition is allowed by setting aside the order of erstwhile Tribunal in O.A.No.763 of 2013, dated 11.02.2014. There shall be no order as to costs. 10. sequel. Interlocutory Applications pending, if any, shall stand Sd/-SHAiK WIOHD. RAFi assistant registrar section officer R/0 D.No.15-4-3/A, 1st Line As a closed. //true copy// To, Kuppala Renuka, D/o K.Koteswara Rao Venkataraopeta, Manipuam, Guntur, Guntur District. Pradesh Administrative Tribunal, Purana 1. 2. The Registrar, Hon'ble Andhra Haveli, Hyderabad. 3. Two CCs to GP FOR SERVICES - I (AP), High Court of Andhra Pradesh [OUT] 4. One CC to SRI. EDARA NAGESWARA RAO, Advocate [OPUC] 5. Three CD Copies sree HIGH COURT DATED:30/04/2025 ORDER WP.No.34858 of 2014 ALLOWING THE W.P. WITHOUT COSTS