IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4702 OF 2025 Between: S.Haron Basha, S/o. S. Ameer Jhon, Aged about 61 years, Occ: Forest Beat Officer, Keelapatia Beat, Palamaner Range, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Environment, Forest, Science & Technology Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Chief Conservator of Forests & Head of Forest Force, Aranya Bhavan, APIIC Towers, Mangalagiri, Guntur District. 3. The Conservator of Forest, Anantapur Circle, Anantapuramu District 4. The District Forest Officer, Chittoor Division, Chittoor 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 be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a WRIT OF MANDAMUS declaring the action of the Respondents in not considering the case of the petitioner for promotion to the post of Forest Section Officer without reference to the disciplinary proceedings initiated against the Petitioner is illegal, arbitrary, unjust and violative of Articles 14 and 16 of the Constitution of India and may consequently direct the Respondents to consider the case of the Petitioner and promote the petitioner as Forest Section Officer without reference to the pending A disciplinary proceedings as per Section 5(b) of A.P. State Subordinate Service Rules, 1996 along with all consequential benefits. 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 forthwith direct the Respondents to consider the case of the Petitioner for promotion to the post of Forest Section Officer without reference to the disciplinary proceedings as per Section 5(b) of A.P. State Subordinate Service Rules, 1996 before his retirement. Counsel for the Petitioner: M/s. SODUM ANVESHA Counsel for the Respondent Nos. 1 to 4: ASST.GP FOR SERVICES-I The Court made the following: ORDER \ APHC010091562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4702/2025 [3331] Between: S Haron Basha ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.SODUM ANVESHA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following ORDER: Heard learned counsel for the Government Pleader for Services-I for respondents 1 2. The petitioner, Forest Beat Officer, Keelapatia beat, Palamaner Chittoor District, filed the above writ petition to declare the action of the respondents in not considering the petitioner’s case for promotion to the post of Forest Section Officer, as illegal and arbitrary. 3. A draft Article of charge vide Rc.No.1528/2024/A6 (Ex.P.4) was issued to the petitioner. The petitioner submitted petitioner and learned Assistant to 4. Range dated 05.12.2024 an explanation 2 dated 17.12.2024. Thereafter, the 4*^^ respondent by proceedings vide Rc.No.1528(ii)/2024/A6. dated 05.02.2025 (Ex.P.5) has withdrawn the proceedings. Thus, as seen from Ex.P.5 proceedings, no charges are pending against the petitioner. The grievance of the petitioner is that, though the petitioner is eligible for promotion, his case is not being considered for promotion. Learned Assistant Government Pleader for Services submitted the instructions of the 4‘^ respondent. In the instructions, it was stated that the petitioner made representation dated 18.02.2025 and the same is pending consideration. Earlier Article of charge issued to the petitioner was also withdrawn. It is primary duty of the petitioner to protect Wildlife and other Government property. However, he failed to do so and hence, the petitioner is not entitled to the promotion as Forest Section Officer. 4. Rule 5 of Andhra Pradesh State and Subordinate Service Rules, 1996 (for short “Rules, 1996”) deals with selection process and Rule 5(b) deals with non-selection posts. Promotion or transfer of a member in respect of selection post shall not be withheld unless an employee suffers punishment a penalty. The Division bench of this Court in W.A.No.550 of 2022 dated 06.09.2022 observed as under: 5. non- as 7. In the Division Bench judgment in State of Andhra Pradesh rep., by its Secretary, Home Department vs. Motupalli Narasimha Raju (W.P.No.3099 of 2017), dated 27.08.2021, a Coordinate bench has held that the post of Head Constable is a non-selection post for the purposes of promotion and therefore, in view of Rule 5(b)(i) of the Rules, 1996, the promotion can be deferred only upon imposition of penalty and not otherwise. It has also been held that the additional embargo, if any created under a G.O., which is not issued in exercise of powers under Article 309 of the Constitution of India, would not override Rule 5(b)(i) of the Rules, which clearly states that V. 3 V promotion to a non-selection post may be denied only, if the incumbent is subjected to a penalty and not othenwise. Thus, neither G.O.Ms.No.424, GA (Ser.C) Department, dated 25.05.1976 nor 5 HCJ & DVSSS, J W.A.No.550 of 2022, G.O.Ms.No.66 General Administration (Services.C) department, dated 30.01.1991 would come in the way of the writ petitioner to claim relief of promotion as has been held by the learned single Judge...” In the case at hand, as discussed supra, draft Article of Charge (Ex.P.4) was issued to the petitioner and the same was withdrawn by proceedings vide Ex.P.5 dated 05.02.2025. Thus, as on today, no charge memo is pending against the petitioner. The petitioner’s representation dated 14.02.2025 (Ex.P.6) is pending consideration. 6. Given the facts and circumstances of the case, without going into merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the 4"" respondent to consider the petitioner’s case for promotion keeping in view Section 5(b)(i) of the Rules, 1996 and also the Division Bench judgment in W.A.No.550 of 2022 and pass appropriate orders strictly as per the Rules, as expeditiously as possible. No order as to costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER The Principal Secretary, Environment, Forest, Science & Technology Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. The Principal Chief Conservator of Forests & Head of Forest Force, Aranya Bhavan, APIIC Towers, Mangalagiri, Guntur District. The Conservator of Forest, Anantapur Circle, Anantapuramu District. The District Forest Officer,Chittoor Division, Chittoor District.(BY RAPD) One CC to M/s. Sodum Anvesha, Advocate [OPUC] Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. g! HIGH COURT DATED:25/02/2025 ORDER WP.No.4702 of 2025 % O', X 0 5 MAK 2125 09/ ^ Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS