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2026 DAILYLAW 20340 (AP)

K. Prathap v. The State of Andhra Pradesh

WP/11504/2025 · 2026-03-17

D Ramesh

Public Interest Litigationbody2026

Judgment text

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1 APHC010214432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 11504/2025 Between: 1. K. PRATHAP,, S/O. K. KRISHNAIAH, AGED ABOUT 46 YEARS,OCC FOREST BEAT OFFICER, R/O. JANDIA VILLAGE AND POST, PILER MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FOREST, ENVIRONMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, AND HEAD OF FOREST FORCE, STATE OF ANDHRA PRADESH ARANYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT FOREST OFFICER, CHITTOOR (T) DIVISION, CHITTOOR. 4. THE CHIEF CONSERVATOR OF FORESTS, 2 ANANTAPURAM. ...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 topleased to issue an appropriate writ, order or direction preferably a writ in the nature of Mandamus declaring the orders passed by the 3rd Respondent in Rc.No.1198/2011/A6, dated.20.03.2025, RC.No.413/2016/A6, dated 18.06.2024 and Rc. No. 1315/2023/A6 dated 22.01.2024 as illegal, arbitrary, contrary to record and the orders passed by this Hon'ble Court in W.P.No.21489/2012,dated.18.8.2023 and violative of Articles 14 and 16 of the Constitution of India and set aside the same and consequently direct the Respondents to prepare Seniority List as per Rules by taking into consideration the representations dated. 28.03.2025, 13.03.2025, 28.06.2024, 20.08.2024,06.03.2023, 11.07.2023 and 10.10.2023 in the light of the orders passed by this Hon'ble Court in WP No. 31201 of 2023 dated 04.12.2023 and W.P.No.21489/2012, dated.18.8.2023 and pass 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 pleased to suspend the Provisional Seniority List of Forest Beat Officers in Chittoor District, erstwhile Chittoor West Division as on 1.1.2025 notified by the District Forest Officer, Chittoor District vide Proceedings Rc.No. 1198/2011/A6, dated.20.03.2025, pending disposal of the writ petition and pass IA NO: 2 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 pleased to direct the Respondents to prepare Seniority List as per Rules by taking into consideration of the Petitioner’s representations dated. 28.03.2025, 13.03.2025, 3 28.06.2024, 20.08.2024, 06.03.2023, 11.07.2023 and 10.10.2023 pending disposal of the writ petition and pass IA NO: 1 OF 2026 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 pleased to direct the 3rd respondent - District Forest Officer, Chittoor to submit a detailed report to the 4th respondent (Conservator of Forests, Anantapuramu Circle) in strict compliance with proceedings Rc.No.CF-M1 S/92/2025. dated. 29.10.2025, within a time frame to be fixed by this Honble Court and pass Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present Writ Petition is filed seeking to declare the orders passed by the 3rd respondent dated 20.03.2025, 18.06.2024 and 22.01.2024 as illegal and arbitrary. 2. In similar circumstances considering the grievance of the petitioner therein, this Court has passed the following interim order on 04.12.2023 in W.P.No.31201 of 2023 as follows: "The petitioner's case was not considered for promotion in the seniority list on the ground that the petitioner approached after lapse of long 4 period of 15 years, for that, the petitioner approached this Court by relying on the order, dated 18.08.2023 of this Court in W.P.No.21489 of 2012 wherein this Hon'ble Court, after considering the catena of decisions, directed to consider the case of the petitioner therein on the ground that latches would not deprive the right of the promotion for being considered and as per Rule 36 of the A.P.State and Subordinate Service Rules and keeping in view of the submissions, the petitioner is directed to submit a fresh representation to the respondents herein and the respondents are hereby directed to examine the same and pass appropriate order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. List after Pongal Vacation, 2024." 3. In W.P.No.31201 of 2023 and in compliance to the above said order, the 4th respondent has submitted a report on 24.02.2026 to the 2nd respondent Principal Chief Conservator of Forest wherein it was stated as follows: “Further it is to submit that (23) Asst Beat Officers were recruited during 2012 under direct recruitment in Chittoor West Division (16 ABOs) and Chittoor East Division (7 ABOs) in Chittoor Distinct The marks obtained by the ABOs and merit list is available in the division office The then Divisional Forest Officer Chittoor West Vide Rc No. 1883/2011/A6 (SO No.44/2012) Dt 05.12.2012 has issued Appointment Order to the 16 ABOs of Chittoor West Division wherein the order of sequence is arrived as per the roster point but not as per the order of merit and subsequently the seniority list of ABOs from 2013 to 2025 have been fixed as the Appointment Order by considering the order of sequence as per the roster point but not as per the order of merit which is erroneous and contrary to the rules prescribed in the A P. State and Subordinate Service Rules 1996 As per rule 33 (b) of A.P. State and Subordinate Service Rules 1996, the seniority list of candidates selected through direct recruitment should invariably fixed as per the 5 order of merit A detailed report in This regard has been submitted to the Conservator of Forests. Ananthapuramu vide reference 4 cited” 4. By noticing the above said observations, the writ petition is disposed of with a direction to refer the matter to the 2nd respondent along with the report of District Forest Officer, Chittoor dated 24.02.2026 and the 2nd respondent as a Principal Chief Conservative Officer to consider the report and take appropriate action in the case of the petitioner, if required by providing an opportunity of hearing to the concerned. The said exercise shall be completed within a period of two months from the date of receipt of copy of this order. 5. With the above observations, the writ petition is disposed of. No order as to costs. As a sequel, interlocutory applications if any pending, shall stand closed. ___________________ JUSTICE D.RAMESH Date:18.03.2026 GK 6 THE HONOURABLE SRI JUSTICE D.RAMESH 56 WRIT PETITION NO:11504 of 2025 Dated:18.03.2026 GK