✦ High Court of India · 09 Jan 2025

The High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Bench
Not available
Length
2,382 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in tlw nature of a Writ of Mandamus directing the respondents to consider the request of the petitioner dated 26.O4.2O18 to select and appoint the petitioner as Forest Range Officer as per Rule 3 of Telangana Forest Service Rules, 'l gg7 as amended in G.O.Ms.No.B5, EFS and T (For.V) Department, daled 25.07.2008 though petitioner stood first in first in the training at Telangana Forest academy, Dulapally in the year 2015. 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 responderts to consider the representation dat€,d 26.04.2018 of the petitioner to select a nd appoint him as Forest Range offir;er as per Rule 3 of Telangana Forest service Rules, 1997 as amended in G.o.uts.No.85, EFS and T (For.V) Department, dated 25.07.2008, pending disposal of the above writ petition. lA NO: 2 OF 2019 Between:

1. The State of Terlangana, Rep. by its Principal Secretary tc Government, Environment, F ore5ts, Scierice ind Technology Departrlent, Telangana Secretariat, Hyderabad - 500022.

2. The Principal Ohief Conservator of Forests and Head of the Forest Force, Telangand, Aranya Bhavan, Saifabad, Hyderabad - 500 C04. AND tvleer lVlubhashir Ali, s/o. Meer Maqscod Ali, Aged about 371ears, occ- ' Forest Section Officer,0/o. Forest Divisional'Officer, FSP, Nizamabac, Telangana State' ...RESPONDENTS ...PETITIONER Petition under Section 15'1 CPC praying that in the ci'cumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order Dated: 04-01-2019 in l.A.No.1 0f 2C19 in w.P.No.161 0f 2019 and dismiss thr> Writ Petition. Gounsel for the Petitioner : SRI GUNDRATI RAMAN GOUD Counsel forthe Respondents: GP FOR FORESTS W.P.No.2056 OF 2019 Between: B Praveen Naik, s/c. Bhikya Naik, aged about 30 years,, F:orestSection-9ffi9"t' Morliguda Secti6n, Triyani- Range, Fbrest Divisional Offic':, Asifabad, Asifabad Distri;t, (Erstwhile Aoilalrad District),Telangana State ...PETITIONER l I ! i '..1 -:'.i!i;.,. ' ;-^.. .. -1 1--.... AND 1 The State of Telangana, ReP. Environment, Forests. Science Secretariat, Hyderabad - 500 022 by its Principal Secretary to Govemment, ind Technology Depa(ment, Telangana

2. The Principal Chief Conservator of Forests and Head of the Forest Force (HoFF), Telangana, Aranya Bhavan, Saifabad' Hyderabad -. 500 004 ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of Mandamus directing the respondents to consider the request of the petitioner dated 27.10.2018 to select and appoint the petitioner as Forest Range officer as per Rule 3 of Telangana Forest service Rules, 1997 as amended in G.O.Ms.No.85, EFS and T (For.V) Department, dated 25 07.2008 as the petitioner stood first in firsutopper of the batch medal in the training of Forest section Officers at Telangana Forest Academy, Dulapally during the year 2O15-2016' 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 representation dated 27.1O.2018 of the petitioner to select and appoint him as Forest Range officer as per Rule 3 of Telangana Forest service Rules, 1997 as amended in G.O.Ms.No.85, EFS and T (For'V) Department, daled 25.07 .2008, pending disposal of the above writ petition' Counsel for the Petitioner: SRI GUNDRATI RAMAN GOUO Counsel for the Respondents: GP FOR SERVICES I W.P.No.2058 OF 2019 Between: P.Kavitha, d/o. R.Williams, aged about 4O years, Forest^ -Section Officer, ruetiionOipalti Section, Kusuma-nchi Range, Forest Divisional Office, Khammam. Khammam District, Telangana State. ...'ET'T'ONER AND

1. The State of T3langana, Rep. by its Principal Secretary to Government, Environment, I:orests, Science and Technology Departrnent, Telangana Secretariat, Hl,derabad 50O 022.

2. The Principal ()hief Conservator of Forests and Head o1'the Forest Force (HoFF), Telanr;ana, Aranya Bhavan, Saifabad, Hyderat,ad 500 004 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a \Arrit, order or direction, more particularly one in the nature of a Writ of Mandamus directing the respondents to consider the request of the petitioner dated 27 .t 0.201 B to select and appoint the petitioner as Forest Range Officer as per Rule 3 of Telangana Forest Service Rules, 1997 as amended in G.O.Ms.No.85, EFS and T (For.V) Department, daled 25.O7.2008 as the petitioner stood first in first in the training of Forest Section Officers at Telangana Forest Academy, Dulapally ,juring the year 2017-2O18. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the ci-cumstances stated in the affidavit filed in s rpport of the petition, the High Court me y be pleased to direct the respondents to ccnsider the representation dated 27.10.2018 of the petitioner to select and appoir)t her as Forest Range Officer as per Rule 3 of Telangana Forest Service Rule;, 1997 as amended in G.O.Ms.No.85, EFS and T (For.V) Department, daled 25.07 .2008, pending disposal of the abov: writ petition. lA NO: 2 OF 2019 Between:

1. The State of Telangana, Rep. by its Principal Secretary to Government, Environment, F'orests, Science and Technology Departrrent, Telangana Secretariat, Hyderabad 5O0 022.

2. The Principal C;hief Conservator of Forests and Head of the Forest Force (HoFF), Telangrana, Aranya Bhavan, Saifabad, Hyderabad 500 004 ...PETITIONERS/RESPONDENTS AND P.Kavitha, d/o. R.Williams, aged about 40 years, Forest Section Officer, Nelakondapalli Section, Kusumahchi Range, Forest Divisional Office, Khammam. Khammam District, Telangana State. ...RESPONDENT/PETITIONER 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 daledO5lO2l20'19 in I.A.No. 1 of 2019 in W.P.No.2058 of 2019 and dismiss the writ petition. Counsel for the Petitioner : SRI GUNDRATI RAMAN GOUD Counsel forthe Respondents: GP FOR SERVICES I W.P.No.9091 OF 2019 Between: R.Sridevi, d/o. R.lndrasena Reddy, aged about 36 years, occ Deputy Range-Officer, Sarangapur West section, Nirmal-Range, Nirmal District, (erstwhile Adilabad District) ...PETITIONER AND 1 2 The State of Telangana, Rep. by its Principal Secretary to Government, Environment, Forests, Science and Technology Department; Telangana Secretariat, Hyderabad The Principal Chief Conservator of Forests and Head of the Forest Force (HoFF), Telangana, Aranya Bhavan, Saifabad, Hyderabad ...RESPONDENTS 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 a writ, order or direction, more particularly one in the nature of a writ of Mandamus directing the respondents to select and appoint the petitioner as Forest Range Officer as per Rule 3 of Telangana Forest Service Rules, 1997 as amended in G.O.Ms.No.Bs, EFS and T (For.V) Department, dated 25'07.2008 as the petitioner obtained highest marks and was awarded Gold Medal in the training of Forest Section Officers at Telangana Forest Academy, Dulapally during the year 2008-2009. /a' lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in ';upport of the petition, the High Court may be pleased to direct the respondents to select and appoint petitioner as Foresl Range Officer as per Rule 3 of Telangana Forest Service Rules, 1997 as amended in G.O.Ms.No.85, EFS & T (For.V) Depa(ment, dated 25.07.2OO8 forthwith, 6rending disposal of the above writ petition. lA NO: 2 OF 2019 Between: -l-elangana, '1 . The State of Rep. by its Principal Secretarl, to Government, Environment, Forests, Science and Technology Depadment, Telangana Secretariat. Hyderabad

2. The Principal Chief Conservator of Forests and Head c,f the Forest Force (HoFF), Telargana, Aranya Bhavan, Saifabad, Hydera5ad ...PETITIONERS/RESPONDENTS AND R.Sridevi, d/o. R.lndrasena Reddy, aged about 36 years, occ Deputy Range Officer, Sarangapur West Serction, Nirmal Range, Nirmal District, (erslwhile Adilabad District) ...RESP ONDENT/PETITIONER Petition unde' Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High CoLrrt may be pleased to vacate the interim order Dated.26-04-2019 in l.A.No.1 of 2C19 in W.P.No.9091 of 2019 and dismiss the Writ Petition. Counsel for the Pelitioner: SRI GUNDRATI RAMAN GOUD Counsel for the Rer;pondents: GP FOR SERVICES I The Court made the following: ORDER t I HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos. 161 2056 2O58 alrd 9O91 of 2O19 COMMO N ORDER: Petitioners in these writ petitions a-re stated to have been qualifi.ed in the Forest Section Officer training at the Telangana Forest Academy' Dhulapally' It is their case that during training period they appeared for the examination of Forest Section Offrcer as per Rule 18 of Telalgana Forest Subordinate Services Training Rules,2O12 and they stood as toppers in their respective batch' It is their grievance that though they are eligible as per 2. Rule 3, as amended by GOMs'No'SS, EFS & T (FOR'V)' Department, dated 25.O7-2OOa, of State Forest Service Rrrles 1997, tine respondent authorities have not considered their request for appointment as Forest Range Officer' Learned counsel for the petitioners submits that the subject 3. issue is squarely covered by the order passed by the Hon'ble Division Bench of this Court in W'P'No'35749 of 2013 and in the same lines these writ petitions may be disposed of' 2 wp_161_2019 & batch NBK I , t

4. At this jrrncture, learned counsel for respondents opposed the submissiorr of learned counsel for the petitioners. He draws attention to the Second Amendment issued in the year 2008 in respect of State Forest Service Rules specifically ,at Column No.V which reads as follows: "ln response, the MoEF & CC, Gol vide 1r.dt.25.09.2008 has issued the following orders: A) "Conveyed their approval for one time relaxation (not to be taken as precedence) of Rule 37 of the flntrance and Training Flules (Revised) 2004 and have issued orders for allowing the following (2) Forest Range Officers to join Ranger's training course already commenced at State Forest Service College, Coimbatore. B) Also requested to amend the Statr: Rules in accordance with the Rules notified by the Gc,vernment of lndia viz., Entrance and Training Rules (Revised) 2004."

5. The Hon'ble Division Bench of this Court while dismissing the W.P.No.35i'49 of 2013 observed as follows: \

6. This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that admittedly respondent No.1 has secured h,rnours in the training and as per the Recruitment Rgi6, sh,e is entitled for consideration of her case for appointment as Forest Range Officer. The .rribunal has 3 wp 151 2019 & batch NBK, J examined the case of respondent No'l and came to a conclusion that similarly situated persons were considered for appointment as Forest Range Officer, hence' the petitioners were not justified in ignoring the case of respondent No.1. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal' more so' when the Tribunal has allowed the O'A' in favour of respondent No.1 on the ground of discrimination' as several other similarly situated persons' cases were considered by the petitioners." I l l I It may be noted that at the time of adjudication of 6. W.P.No.35749 of 2Ol3 by the Hon'ble Division Bench' the aforesaidSecondAmendmentissuedintheJ,ear2oo8is apparently not brought to the notice of the Hon'ble Division Bench. Be that as it may, once the Hon'ble Division Bench has adjudicated similar subj ect matter ald rendered a decision' and the decision holding the freld as on today' this Court is not inclined to take a different view in these writ petitions' I 7 . Further, this Court, while admitting these writ petitions, { passed interim ord.ers directing the respondent authorities to consider the case of the petitioners for appointment as Forest . I 4 wp-161 2019& batch NBK I Range Officers To quote, the interim order pas:sed in IA No.l of 2Ol9 in WP No 2056 of 2019 reads as follows: "There shall be interim direction to the respondents to consider the case of the petitioner for appointment to the post of Forest Range Officer, in accordance with law.,'

8. In view of the interim orders passed in the writ petitions, and further in view of the order dated 2I.O3 ito24 passed in W.P.No.35749 of 2013 by the Hon'ble Division Bench matter, these writ petrtions are disposed of directing the respondent- authorities to ccnsider the case of the petitioners lbr appointment as Forest Rangle Officers in accordalce with ttLe G.O.Ms.No.BS EFS & T (FORV) Department, dated 2S.OT.2OOB and the Rules governing their Service. No costs. Miscellalr:ous applications, pending if a:t:y , shall stald closed To, //TRUE COPY// SD/.V.KAVITHA ASSiISTANT REGISTR.AR $'H TION OFFICER

1. The Principal Siecretary to Government, Environment, Forests, Science and Technology De,partment, State of Telangana, Telangana Secretariat, Hyderabad - 5OO 022.

2. The Principal ()hief Conservator of Forests and Head of the Forest Force, Telangana, Aranya Bhavan, Saifabad, Hyderabad - 500 004. 3. One CC to SRI GUNDRATI RAMAN GOUD, Advocate. IOPUC] 4. Two CCs to Gf) FOR FORESTS, High Court for the Sta.:e of Telangana. E OU Two CD Copie s BSK .11'::*:'-:'-=_.- ..'{:""- -. {'}}rx}xr--"<**'* *- -*x IM:a' -:q,x HIGH COURT DATED:09101t2025 I t //- i --:iI 2 ir l:l 2m e COMMON ORDER WP.No.161,2056,2058, 9091 of 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments