High Court · 2025

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 a Writ of Mandamus, declaring the impugned action of the respondents in not considering the case of the petitioner for promotion to the post of Forest Section Officer as per the amended Rule 3 (iv) of the Telangana Forest Sub-ordinate Service Rules, 2000 issued vide G.O.Ms.No.33, Environment, Forests, Science and Technology (FOR.B) Department, dated 09-03-20O6 though the petitioner made several representalions to the respondents as illegal. improper, unjust, arbitrary, contrary to law and also 'vioration of principres of naturar justice and direct the respondents to consider the case of the petitioner for promotion to the post of Forest section officer in the existing vacancy as per the rules in vogue with all consequential benefits including seniority, monetary etc. lA 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 preased to direct the respondents to pass appropriate orders on the representation of the petitioner dated 12-10-2022 requesting for promotion to the post of Forest section officer in the existing vacancy as per rures in vogue pending disposar of the writ petition. lA NO: 2 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the lnterim order dated 11-o1-2024 in r.A.No. 1 oF 2024 in w.p.No.B59 of 2024 and dismiss the Writ petition. Counsel for the Petitioner: SRI B. ASHOK Counsel for the Respondents: Gp FOR SERVICES I CONTEMP T CASE NO : 1782 OF 2O24 Petition under sections 10 ro 12 of contempt of courts Act 1921 praying to punish the respondent, for willful and deliberate disobeydience of the orders passed by this Hon'bte Courl 11tO1t2024 in W.p.No.8b9 of 2024. Between: Boda Bheemu, S/o. Biksha, Aged about 39 years, workilg as Forest Beat Officer, -(rrimmi; Mekalakunta Beat, Konila rra se"ction, Rd"s;, Khammam District. ...PETITIONER AND I I sri siddharth Vikram singh, lFS, District Forest officer, Kharnmam District, Khammam ...CONTEMNORS Counsel for the Petitioner: SRI B. ASHOK Counsel for the Respondent: GP FOR SERVICES 'I The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT PETITION No.859 of2024 CONTEMPT CASE No.l782 of2024 COMMON ORDER: Since thr: fts in these cases is inter-connected, the,r. are heard together and are being disposed of by this common order. 2 Aggrieved by the inaction of the respondents in considering the case of the petitioner for promotion to the post of Forest Section ofhcer as per the amr:,ded Rule 3 (iv) of the Telangana Forest Subordinate Service Rules, 20O0 issued vide G.O.Ms.No.33 dated 09.O3.2006, despite several rr:presen tations of the petitioner, W.p.No.g59 of 2024 is hled.

3. Heard Sri Il. Ashok, learned counsel appearing for the petitioner in both the Wr.it Petition and the Contempt Case, and learned Government Plearier lor Services-I, appearing for the respondents.

4. Learned co,nsel for the petitioner submits that the petrtioner was appointed as Assrstant Beat ofrrcer on 1g.0g.2012. Thereafter, he was promoted as F ort:st Beat Officer on OT .OZ .2Olg, and was sent for six months induclion training conducted during 22.Og.2Olg ald 2 PK, J w.P.No.659 of 2024 & C.C.No.1782 of 2O2a Ol.O4.2Olg, in the 26th batch. The petitioner successfully completed the training artd secured hrst rank, earning six gold medals in Accounts and ollrce Procedures, the Forest Act, Forest Engineering, Geolory, Forest Utilization and Forest uotany subjects. Therefore, as per the rules issued in G.O.Ms.No.33, Environment, Forests' Science and Technologr (For.B) Department, dated O9 O3 2006, the petitioner has to be considered for promotion to the post of Forest Section Ofhcer' as he secured first rank in the aforesaid training' Hence' the petitioner submitted a representation to the respondents on 12'lO'2022' requesting to consider his case for promotion However' no action has been taken thereon so fa-r' Therefore, learned counsel for the petitioner prays this Court to pass necessary orders in the present Writ Petition'

5. Per contra, learned Government Pleader for Services-I submits that the representation of the petitioner dated 15 1O'2O22 was considered and his case for promotion to the post of Forest Section O[Ircer was already rejected vide order d'ated 27 'O3'2O24 ' and the said order was also communicated to the petitioner'

6. At this juncture, Iearned counsel for the petitioner vehementiy of the aforementioned rejection order dated disputes the service 27 .O3.2O24, and contends that the so-called rejection order was never PK, J W.P.No.859 of 2O24 & C.t:.No.1782 of 2024 served on the Jretitioner. It is further contended that the petitioner is fully qualified a.nd entitlecl lor promotion to the post of Forest Section OIficer, in termr; of G.O.Ms.No.33 dated 09.03.2006. Therefore, learned counsel for th e petitioner prays this court to permit the petitioner to submit a fresh :eprescntation to the respondents, seeking promotion to the post of Frtrest Section Ofhcer, and seeks a direction to the respondents to consider the same and pass necessary orders within a reasonable period of time. 7 . Learned (iovernment pleader fairly submits that the respondents will consider th€ representation of the petitioner, as and when received, and pass appropriate orders in accordance with law.

8. Having reg,ard to the submissions made by learned counsel for the respective parties and in vierv o[ non-service of the rejection order dated

27.O3.2O24 on the petitioner, this Court deems it appropriate to dispose of the writ p€.tition permitting the petitioner to make a fresh representation to the respondents, seeking promotion of to the post of Forest Section Othcer, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such representation from the petitioner, the respondents shall pass appropriate ord.rs thereon strictly in the light of Rule 7 of the Forest Subordinate Service Rules, \ \ 4 PK, J W-P.No.859 of 2024 & C.C.No. 1782 of 2024 2oO0, and Rule 3 issued in G.O.Ms'No'33, Environment, Forests, Science and Technolory (For.B) Department, dated 09.03'2006, as expeditiously as possible, preferably within a period of six (06) weeks thereof, and communicate a copy thereof to the petitioner' 9 Accordingly, the Writ Petition is disposed of

10. Coming to the Contempt Case i'e', C'C No'1782 of 2024, the same isfrledonbeingaggrievedbythewillfuldisobedienceoftheinterim order of this court dated 11.01.2024 passed in the present writ petition- 1 1 . Since this Court has disposed of the main writ petition, the subject matter of the contempt case stands resolved in the fina1 adjudication. Hence, no further orders are required to be passed'

12. Accordingly, the Contempt Case is closed' Pending miscellaneous applications, if any, shall stald closed No costs. //TRUE COPY// -.-*-. D Sd/. K. SHYLESHI UTY REGISTRAR \, SE Tlo N OFFICER To, Tha Princioal Secretary, The State of Telangana, Forest Department' i-I..t".lrt'guildinos. Hvderab ad' 5OO O22. iXl'"b1i,iliiJ" bhl;t bonse-rvator of Forests, (Head of Forest Force)' i^L"""." 5irte. Aranva Bhavan, Saifabad, Hyderabad 500 004' iIIl^ipi-c*servatoiof Forests, Warangat Circle, Warangal ii.I 6i.trict Forest Officer, Khammam District, Khammam' On-" CC to Sri B. Ashok, Advocate t9.Puql |JJI b[i-t. ep for Services - t, High Cburt for the State of Telangana, at Hvderabad [OUT] Triro CD CoPies 1 2 3 4 5 6

7. TJ MP $ *-- 1,**'**4; ii'&.r:& 1*'*.?t*l 'tt.- t(l';+ >4 ' j'i.&-.li$: HIGH COURT DATED:06101t202s I ( J c o 1tlt. S- 4rI 2B JAlr lil25 P -:i * OF tCtrc ../ COMMON ORDER WRIT PETIT|ON NO: 859 OF 2024 AND CONTEMPT CASE NO. 1782 OF 2024 DISPOSING OF THE WRIT PETITION AND CLOSING THE CONTEMPT CASE WITHOUT COSTS @He H6