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High Court of Andhra Pradesh · body

2025 DAILYLAW 8251 (AP)

THOTA SIVAIAH v. THE STATE OF AP

WP/4558/2025 · 2025-02-20

Subba Reddy Satti

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4558 OF 2025 Between: Thota Sivaiah, S/o Subbaiah, aged about 60 Years, Forest Beat Officer Ramanakka Beat, Nuzividu Range, Eluru Division, Elururu District. ...PETITIONER AND 1. The State of AP, Rep by its Special chief secretary Environment, Forests, Science and Technology Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh,, Rep by its Principal Secretary, Dept, Forest, Secretariat, Secretariat Building, Velagapudi Amaravathi Guntur Dist. 3. The Principal Chief Conservator of Forests, Head of forest Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur Dist. 4. The State of A.P., Rep by its Principal Secretary, Finance Department; A.P. Secretariat, 1srt Floor, 2nd Block, Velagapudi, Guntur Dist. 5. The District Forest Officer, Eluru District, Eluru Division Eluru. to Govt., of Force, ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 respondents not regularising the services of the petitioner in light of G.O.Ms.No. 114 Finance (HR.1 Pig. and Policy) Dept, Dt 21.10.2023 by in the nature of Writ of Mandamus declaring the action of the I rectifying the beneficiary ID and KYC are 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 the respondents to regularize the services of the petitioner as Forest Beat Officer on par with similarly placed 21 candidates, whose cases are proposed for regularization by the 3rd respondent to 1st respondent, vide his proceedings Rc.NO. 21796/2006/HR-2, Dated 07.02.2025 by considering the representations of the petitioner dated 14/2/2025 to the respondents. latest lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 consider the petitioner’s representations dated 14.2.2025 which are made for regularization and rectification of e-KYC, beneficiary I.D. Number of the petitioner, before regularization of 21 candidates. Counsel for the Petitioner: SRI T VV KOTESWARA RAO Counsel for the Respondent Nos. 1 to 3, 5: GP FOR SERVICES I Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010087772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4558/2025 Between: 1.THOTA SIVAIAH, S/0 SUBBAIAH, AGED ABOUT 60 YEARS, FOREST BEAT OFFICER, RAMANAKKA BEAT, NUZIVIDU RANGE, ELURU DIVISION, ELURURU DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS SPECIAL CHIEF SECRETARY TO GOVT., ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY DEPARTMENT, A.P. DISTRICT. SECRETARIAT, VELAGAPUDI, GUNTUR 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPT, OF FOREST, SECRETARIAT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI, GUNTUR DIST. 3.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, , HEAD OF ANDHRA PRADESH, ARANYA BHAVAN, FOREST FORCE, MANGALAGIRI, GUNTUR DIST. 4.THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1SRT FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST. 5.THE DISTRICT FOREST OFFICER, ELURU DISTRICT, ELURU DIVISION, ELURU. ...RESPONDENT{S); 2 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 pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 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 by rectifying the beneficiary ID and KYC are 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 the respondents to regularize the services of the petitioner as Forest Beat Officer on par with similarly placed 21 candidates, whose cases are proposed for regularization by the 3rd respondent to 1st respondent, vide his proceedings Rc.No.21796/2006/HR-2, Dated 07.02.2025 by considering the latest representations of the petitioner dated 14.2.2025 to the respondents and pass 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 consider the petitioner’s representations dated 14.2.2025 which are made for regularization and rectification of e-KYC , beneficiary I.D. Number of the petitioner, before regularization of 21 candidates and pass Counsel for the Petitioner: 1 .T VV KOTESWARA RAO Counsel for the Respondent(S); 1.GP FOR SERVICES I 2.GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: Heard Sri T.V.V.Koteswara Rao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appearing for respondents. 3 The above writ petition is filed to declare the action of respondents in not regularizing the services of the petitioner in terms of G.O.Ms.No.114 Finance (HR-I Pig. & Policy) Department, dated 21.10.2023 (Ex.PIO) by rectifying the beneficiary ID and KYC, as illegal and arbitrary. 2. 3. The petitioner was appointed as Forest Beat Officer (Contract) vide proceedings No.707/2004/A2, dated 28.09.2005 (Ex.P1), by Divisional Forest Officer, Krishna Division, Vijayawada. The contract is being extended from time to time, and the petitioner has been working continuously without any break. The minimum time scale was extended along with other employees vide G.O.Rt.No.117, dated 27.02.2009. The Government of Andhra Pradesh enacted the Andhra Pradesh Regularizations of Services of Contract Employees Act No.30 of 2023, and thereafter issued G.O.Ms.No.114 Finance (FIR-1 Pig. & Policy) Department, dated 21.10.2023 (Ex.PIO), guidelines for regularizing the services of contract personnel. The petitioner is entitled to regularization as Forest Beat Officer. The respondent prepared a list of personnel entitled to regularization and the petitioner was placed at SI.No.52 (Ex.P8). The 2""^ respondent called for information from the 3'"^ respondent regarding the petitioner’s service vide Memo No.EFSOI-FRSTOFSER/138/2022-SEC-V, dated 12.08.2024 (Ex.P4). 4. During E-KYC process of regularization of VFWs, the petitioner’s beneficiary ID was mapped wrongly. Flis Aadhar Card was not mapped with his beneficiary ID. Due to the above mistake, the regularization process of the petitioner is pending at the FIOD level. The 5'^ respondent addressed a letter vide Rc.No.738/2004/SI, dated 20.03.2024 (Ex.P2) to the Chief Conservator of Forests, Rajahmundry Circle, Rajahmundry. The Chief Conservator of Forests vide Rc.No. 1468/2004-Ms, dated 26.03.2024 (Ex.P3), requested the 3^^^ respondent to rectify the mistake. So far, the mistake is not rectified. The ii petitioner made representation to the 5^'^ respondent (Ex.PII). The 5 ” respondent addressed a letter vide Rc.No.929/2021/VI, dated 17.12.2024 (Ex.P12), to the District Forest Officer, Eluru Division, Eluru to resolve the 5. th 4 KYC issue and send required proposals to submit the regularization proposals to the Conservator of Forests, Rajahmundry. The District Forest Officer, NTR Division, Vijayawada addressed a letter vide Rc.No.929/2021 A/1, dated 29.01.2025 (Ex.P14) to the Chief Conservator of Forests to take appropriate action. Thereafter, the petitioner made a representation dated 14.02.2025 (Ex.PI 6). So far, the representation is not considered. 6. At the hearing, learned counsel for the petitioner confined his arguments and urged to direct respondents 1 and 2 to consider the representation made by the petitioner dated 14.02.2025 (Ex.P16) and pass appropriate orders regarding the correction of KYC in connection with regularization of the petitioner’s service. 7. Learned Assistant Government Pleader for Services on instructions would submit that the representation made by the petitioner dated 14.02.2025 (Ex.P.16) will be considered by the respondents 1 to 3 and pass appropriate orders within six (06) weeks. 8. 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 respondents 1 and 2 to consider the representation made by the petitioner dated 14.02.2025 (Ex.P16) and pass appropriate orders regarding the claim of the petitioner for regularizing the services by correcting KYC as expeditiously as possible preferably within eight (08) weeks from the date of receipt of the copy of the order, strictly as per the Rules. There shall be no order as to costs. 9. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTT^GISTRAR r. //TRUE COPY// SECTION OFFICER To, 1. The Special chief secretary to Govt., Environment, Forests, Science and Technology Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Dept, of Forest, Secretariat, Secretariat Building, Velagapudi Amaravathi, Guntur Dist. 3. The Principal Chief Conservator of Forests, , Head of forest Force, Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur Dist. 4. The Principal Secretary, Finance Department, A.P. Secretariat, 1srt Floor, 2nd Block, Velagapudi, Guntur Dist. 5. The District Forest Officer, Eluru District, Eluru Division, Eluru. 6. One CC to Sri T VV 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 TF HIGH COURT DATED:20/02/2025 ORDER WP.No.4558 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS