APHC010288042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 722/2025 Writ Appeal under clause 15 of the Letters Patent to present this Memorandum of Writ Appeal against the orders passed in W.P.No. 12584/2025 dated 07.05.2025 passed by the Hon'ble High Court of A.P., for the following among other Between: 1. A TRIMURTHULU REDDY, S/O. A.NARAYANA RAO, AGED ABOUT 46 YEARS, OCC DIVISIONAL MANAGER, A.P FOREST DEVELOPMENT CORPORATION LTD. R.V.NAGAR DIVISION, A.S.R. DISTRICT. ...APPELLANT AND 1. N RAMA CHANDRA RAO, S/O. N. SURYANARAYANA AGED ABOUT 40 YEARS, OCC FOREST UTILIZATION OFFICER, O/O. PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST, A.P. ARANYA BHAVAN, P.V.S. LAND MARK, NEAR APIIC TOWERS, MANGALAGIRI, GUNTUR DISTRICT. A.P. 2. SRI R SRINIVAS, S/O. R. TATARAO, AGED ABOUT 39 YEARS, OCC STATE SILVI CULTURIST, RFRF COMPLEX, LALACHERUVU, RAJAMUNDRY, EAST GODAVARI DISTRICT. 3. SRI K VINOD KUMAR, S/O. K. SUBBAIAH AGED ABOUT 45 YEAR, OCC DISTRICT FOREST OFFICER, PRAKASAM, PRAKASAM DISTRICT. 2 4. THE STATE OF ANDHRA PRADESH, REP BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 5. THE STATE OF A P, REP BY ITS SPL. CHIEF SECRETARY DEPARTMENT OF ENVIRONMENT, FOREST SCIENCE AND TECHNOLOGY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 6. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE, ARANYA BHAVAN, P.V.S. LAND MARK, NEAR APIIC TOWERS, MANGALAGIRI, GUNTUR DISTRICT. A.P. ...RESPONDENT(S): 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 dispense with the Order dated 07.05.2025 inW.P.No. 12584 of 2025 on the file of the Hon’ble High Court of A.P, 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 suspend the order passed in W.P No.12584 of 2025 dated 07.05.2025, pending disposal of the above writ appeal, and passed by this Hon’ble Court and pass Counsel for the Appellant: 1. K R SRINIVAS Counsel for the Respondent(S): 1. DEVI PRASAD MANGALAPURI 2. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO.722 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal is filed against the order dated 07.05.2025 in I.A.No.1 of 2025 in W.P.No.12584 of 2025. 2. Both the parties in the appeal will be referred as arrayed in the writ petition for convenience. 3. The writ petitioners filed writ petition seeking to issue a Writ of Mandamus declaring that the respondent No. 1 and 2 are dis-entitled to relax Rule-8A of the AP Forest Service Rules, 1997 as the same is in contravention of the proviso to Article 309 of the Constitution and for consequential direction to set aside G.O.Rt.No.29 dated 09.04.2025, pending disposal of the said writ petition. 4. The writ petitioners filed interlocutory application in I.A.No.1 of 2025 seeking to suspension of G.O.Rt.No.29, dated 09.04.2025. The learned Single Judge of this Court at the stage of admission, having considered the facts and circumstances of the case by order, dated 07.05.2025 in I.A.No.1 of 2025 is pleased to suspend the impugned G.O.Rt.No.29, dated 09.04.2025, pending further orders. Against the said order, respondent No.4 preferred the present writ appeal. 4 5. Heard both sides and perused the material available on record. 6. On perusal of the order impugned in this writ appeal, it reveals that relying on Rule-8A of the AP Forest Service Rules, 1997 (for short <1997 Rules=) which contemplates minimum probationary period and also considering the fact that there is no any provision to relax the said requirement specified under Rule-8A of the said rules prescribing minimum period of probation, the learned Single Judge came to an opinion that G.O.Rt.No.29, dated 09.04.2025 is clearly in violation of the rules. The learned counsel for the appellant would submit that though the power to relax the rules is provided under the 1997 Rules, it is provided under State and Subordinate Service Rules, 1996 and as such the order of the learned Single Judge is erroneous. 7. On the other hand, the learned counsel for the respondents would submit that Rule-8A of 1997 Rules contemplates that every person appointed by direct recruitment should compulsorily completed probation period for a minimum period of two (02) years and there is no specific provision empowering any Authority to relax the said requirement. 8. Having considered the facts and circumstances of the case and on careful perusal of the special rules for the AP Forest Service Rules issued by G.O.M.s.No.154, Environment, Forests, Science & Technology (For-VI), dated 18.11.1997, it appears Rule-8A is provided prescribing the probation period in the special rules. There is no specific provision empowering any Authority to exercise the power of relaxation of the period contemplated under 5 Rule-8. It is settled law that Special Rules prevail over the General Rules and there is no any provision empowering any Authority to relax the Rule-8 in the special rules. We did not find any merits in this writ appeal. 9. Accordingly, this Writ Appeal is dismissed. 10. Appellant is at liberty to request the learned Single Judge for early disposal of the writ petition, if so advised 11. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:03.03.2026 SA 6 212 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 722/2025 Date: 03.03.2026 SA