High Court · 2025

nstitution of lndia praying that in the therewith, the High Court may be e particularly one in the nature of Writ of Mandamus, declaring the action of the Petitioner through impugned order in R promotion to the post of Forest Section terms of the amended Rule 3 vide G.O.M of Telangana State and Subordinate discrimination, unfair, unjust, contrary Constitutional Provisions by setting aside respondents to consider the case of the Forest Section Officer in preference to spondents in rejecting the case of the .No.3316/2018-M2A dt 4.12.2018 for fficer in preference to the seniors in .No.33 dt.9.3.2006 and rule 18(b) (ii) ervice Rules, as illegal, arbitrary, the rules apart from violation of the same and consequently direct the etitioner for promotion to the post of niors in terms of amended rule 3 in -17 G.O.tv'ls.No.33 dt.S.3.2006 and rule 18 (b) (ii) of Telangana State and Subordinate Service Rules, with all consequential benefits. lA NO: 1 OF 2019 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 to consider the case of the petitioner for promotion to the post of Forest Section Officer in preference to seniors in terms of amended rule 3 in G.O.Ms No.33 dt.g.3.2006 and rule 18 (b) (ii) of Telangana State and Subordinate Servrce Rules, by suspending the operation of impugned orders issued in Rc.No. 3316/20 18-N/2A daled 4.12.2018. Counsel for the Petitioner: SRI C.SAI REDDY Counsel for the Respondents: GP FOR SERVICES-I The Court made the following: ORDER *w7 ,:r" I I 1, THE HON'BLE SRI JUSTI E PULLA KARTHIK W.P.No.9O83 f 20L9 IJRDER: The writ petition is ftled with the following frayer: "To issue an order or direction more p of Mandamus declanng the action of the r the Petitioner through impugned ordcr 4.I2.2Of8 for promotion to the post of Fo the seniors in terrns of the amended Rule and Ru[e 18(b)(ii) of Telangana State and S arbitrary, discrim inat ion. unfair. unjust, violation of Constitutional Provisions consequently dkect the respondents to co promotion to the post of Forest Section terms of amended Rule 3 in G.O.Ms.No.33 Telangana State arrd Subordinate Ser ticularly one in the nature of Writ spondents in rejecting the case of ln Rc No 3316/2018 M2A dt st Section Officer in preference to 3 vide G.O.Ms.No.33 dt. 9.3.2006 bordinate Service Rules as illegal, contrary to thc rules apart from setting aside the same and er the case of the petitioner for fhcer in preference to seniors in dt. 9.3.2006 artd Rule 18 (b) (ii) of e Rules with ail consequential benelits".

2. The case of the petitioner is t she has been appointed as F orest Beat Offrcer by direct recrui ent vide proceedings dated l.l.2016 and her services were regul ized with effect from 2.1.2076; that she has completed two years pro ation period by 1.1.2018 as per Rule 18 (b) (ii) of State and Subordinat Service Rtrles. 2

3. According to the learned counsel for the petitioner, as per the amendment to Rule 3 of Forest Subordinate Service Rules issued vide G.O.Ms.No.33 dated 9.3.2006, petitioner is eligible for promotion to the post of Forest Section Officer in preference to her seniors.

4. The learned Government Pleader appearing for the respondents submits that the Government vide G.O.Ms.No.l23 dated 23.12.2022 has issued amendment orders to the Telangana F orest Subordinate Service Rules, 20O0 issued in G.O.Ms.No.88 dated 19.7.2OOO in Rule 3, i.e. the vacancies in the category of Forest Section Officer shali be frlied by promotion to the Forest Beat Officers to the extent of B5yo and the remaining 15% by appointment by transfer of Junior Assistants, Junior Stenos, Typists and other equivalent categories in the Ministerial Service, therefore, as per the said amendment, there is no provision for appointment of the candidates by promotion to the category of Forest Section Offrcer in case of frrst in first training, hence petitioner is not eligible for promotion to the said post. However, the learned Government pleader submits that if the petitioner makes a fresh representation, the respondents will consider and pass appropriate orders thereon. w .rt i I I i

5. Admittedly, petitioner has co pleted her probation in the category of Forest Beat Officer on 2.4.

020. Further, the Amendment issued to Rule 3(1) of the Andhra Pra esh Forest Subordinate Service Rules vide G.O.Ms.No.33, Enviro ment Forest, Science and Technologz (For.V) Department dated 9 .3.2006 reads as under: "ln the said Rules (1) In rule 3, in the Table, under Class-A, C tegory-2 in Column (2) "Method of Appointment after item (iii) the followin shal1 be added, namely; '(iv) by promotion of Forest Beat O examinations conducted by the Andhra and Andhra Pradesh School of Fores seniors, if he is otherwise ht and is qu cer who stood hrst in the hnal adesh Forest Academy Dulapally , Yellandu in preference to his for promotion as Forester' Therefore, the amendment issued vide G.O.Ms.No.123 dated

23.12.2022 to the Telangana Forest S bordinate Service Rules. 2O00 has no bearing on the claim of the pe tioner seeking promotion to the post of Forest Section Officer.

6. However, without going into m ts of the matter and having regard to the submissions made by respective parties, the writ petition is disposed of permitting e petitioner to make a fresh representation to the respondents, thin a period of ten (10) days from the date of receipt of this order, ntilating her grievalce seeking / t I 4 promotion to the post of Forest Section Ofhcer in terms of Amendment issued to Rule 3 of the Andhra Pradesh Forest Subordinate Service Rules vide G.O.Ms.No.33 dated 9.3.2006, and on receipt of such representation, the respondents are directed to pass appropriate orders, strictly in accordance with law and consider the case of the petitioner for promotion as Forest Section Ofhcer for the panel year 2O2O 21, within a period of six weeks thereof. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. There shall be no order as to costs //TRUE COPY// Asgrs+ SD/-V.KAVITHA NT REGISTRAR bECTION OFFICER The District Forest Officer, Adilabad, Adilabad District. The Conservator of Forests, Adilabad Circle, Adilabad. The Principal Chief Conservator of Forests, Government of Telangana, Aranya Bhavan, Saifabad, Hyderabad. The Principal Secretary, Forest Department, Secretariat, Hyderabad, State of Telangana. One CC to SRI C.SAI REDDY, Advocate tOpUCl Two CCs to GP FOR SERVICES-I, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies To,

2. J. 4 E 6 7 BS GJ -U I HIGH COURT DATED: 1010212025 ORDER WP.No.9083 of 2019 ::..li 514 rc cr- k ) o rJ 13 tlJE ztE Dc i\_ I)/ rarJn l' o .l. 11' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I t, I I a o