APHC010099682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5294/2024 Between: 1. V.BHANU PRAKASH, S/O. V.S.S.V.V. SATYANARAYANA, OCC DEPUTY RANGE OFFICER, GOVERNMENT TIMBER AND BAMBOO DEPOT, JANGAREDDIGUDEM, AGED 40 YEARS, R/O. D.NO.7-1-73/1, 6TH LANE, SRI BALAJI TOWNSHIP, JANGAREDDYGUDEM, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, ARANYA BHAVAN, APIIC TOWERS, MANGALAGIRL, GUNTUR DISTRICT 3. THE CHIEF CONSERVATOR OF FORESTS, RAJAHMUNDRY CIRCLE, RAJAMAHENDRAVARAM ...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 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 expediting the process of review the seniority of the Petitioner retrospectively in the cadre of Deputy Range Officer in the Panel Year 2015-16 and thereby not considering and promoting the Petitioner to the post of Forest Range Officer in pursuance of Memo.No.EFS01- FRSTOFSER/275/2022-SEC.V dated 22-01-2024 of the 1st Respondent as arbitrary illegal discriminatory unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to review the seniority of the Petitioner retrospectively in the cadre of Deputy Range Officer in the Panel Year 2015-16 and place the Petitioner over and above his immediate junior as per the original seniority list and thereby consider and promote the Petitioner to the post of Forest Range Officer in pursuance of Memo.No.EFS01-FRSTOFSER/275/2022- SEC.V dated 22-01-2024 of the 1st Respondent and pass such other order. IA NO: 1 OF 2024 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 may be pleased to direct the Respondents to forthwith consider and promote me to the post of Forest Range Officer in Zone -II of the Panel Year 2023-24 in pursuance of Memo.No.EFSOl- FRSTOFSER/275/2022-SEC.V dated 22-01-2024 of the 1st Respondent pending finalization of review of seniority of the Petitioner and pass such other order. IA NO: 2 OF 2024 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 may be pleased to direct the Respondents to forthwith finalise the review of the seniority of the Petitioner retrospectively in the Cadre of Deputy Range Officer in 3 the Panel Year 2015-16 and place the Petitioner over and above his immediate junior as per the original seniority list and pass such other order. IA NO: 3 OF 2024 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 permit the Petitioner/Proposed Respondent no.4 to come on record as party respondent No.4 in W.P.No.5294 of 2024 as well as in interlocutory applications and pass such other order. IA NO: 4 OF 2024 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 vacate the interim order dt.29-02-2024 passed in lA.No.1 of 2024 in WP No. 5294 of 2024 pending disposal of the main Writ Petition, and pass such other order. IA NO: 5 OF 2024 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 vacate the interim order dated 29.02.2024 in W.P.No.5294 of 2024 and dismiss the writ petition and pass such other order. Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5294 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not expediting the process of reviewing the seniority of the Petitioner retrospectively in the cadre of Deputy Range Officer in the Panel Year 2015-16 and thereby not promoting the Petitioner to the post of Forest Range Officer pursuant to the Memo No.EFS01- FRSTOFSER/275/2022-SEC.V, dated 22.01.2021, issued by Respondent No.1, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; The Petitioner was appointed as Forest Beat Officer on 09.05.2002 and thereafter worked as Forest Section Officer from 20.04.2006 to 06.09.2020. While so, a Charge Memo was issued to the Petitioner on 09.05.2014 under Rule 20 of A.P.C.S (CCA) Rules, 1991 [for short “APCS (CCA) Rules, 1991”] alleging that the Petitioner had neglected duty resulting huge destruction in Kamaiahpalem Beat of Kamaiahpalem Section of Jangareddygudem Range of Eluru Division. 5 3. Pursuant to the enquiry, the Petitioner was imposed penalty of withholding of one increment without cumulative effect for a period of one year. On appeal to the Conservator of Forests, Rajahmundry, the punishment was modified to that of a “Censure” vide Order dated 12.10.2016. During pendency of the disciplinary enquiry, the Petitioner was considered for promotion to the post of Deputy Range Officer for the panel year 2015-16 and the case of the Petitioner kept in sealed cover in view of pendency of the disciplinary enquiry and the juniors of the Petitioner were promoted to the post of Deputy Range Officers. After the appellate authority had passed the order of censure, the Petitioner was promoted to the cadre of Deputy Range Officer on 07.09.2020 during the panel year 2019-20. 4. While so, the Petitioner filed Revision before the Principal Chief Conservator of Forests (HoFF), AP, Mangalagiri and the punishment of censure was set-aside on 24.11.2023. In the light of the exoneration of the Petitioner from the disciplinary enquiry, a representation was given on 29.11.2023 for consideration requesting for retrospective seniority from the date, the Petitioner was promoted to the cadre of Deputy Range Officer. 6 5. Today, it is stated across the Bar that on 17.04.2024 the Principal Chief Conservator of Forest had sent a proposal to Respondent No.1 vide Ref.No.464/2022/HR-I, dated 17.04.2024 to consider the Petitioner’s case for retrospective promotion. Since the issue is seized by Respondent No.1, this Court is of the opinion that the Writ Petition can be disposed of with the following directions; i) Respondent No.1 is directed to pass appropriate orders on the claim of the Petitioner as detailed in the letter issued by Respondent No.2 vide Ref.No.464/2024/HR-1, dated 17.04.2024, as expeditiously as possible; ii) No order as to costs. 6. Accordingly, the Writ Petition is disposed of. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.07.2025 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5294 of 2024 Date: 29.07.2025 IS