The High Court · 2025

Counsel for the Respondents : Gp FOR SERVICES_I The Court made the following ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION 0.44822 0F 2022 ORDER: Heard Sri P.V. Ramana, learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

2. The Detitioners aooroache d the Court seekinq Draver as under: "...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that (a) declaring that the proceedings of the Principal Chief Conservator of Forests (2nd respondent) in Ref. No.197l2022/EE.I, dated 05.11.2022 insofar as pertains to distribution of posts of FRG,to multi zone-I & II insofar as the relate to applicability of fair share on deputation posts of HMDA and V&E is illegal, arbitrary and contrary to the principles underlying in APPC (OLC & RDR) Order 1975 as adopted by State of Telangana and also Telangana Public Employment (OLC & RDR) Order 2018 as illegal and arbitrary violating Articles, 14, 16 and 37L-D of Constitution of India. 2 SN, J WP No.44822 of 2022 (b) and pass such order or orders as the Court may deemed fit and proper circumstances of the case,,. Hon'ble in the

3. As Der the order of his Court, dated o1.o5.2 o25 I.A I t2 2 inW N 442 f2 e ition sam "The report submitted by the principal Chief Conservator of Forests dated 05.11.2O22, now the Government again sent the file to Principal Chief Conservator of Forests HOFF, Telangana State again to take necessary action at his level as per earlier report submitted by principal Chief Conservator of Forests dated 05.11.20222. Therefore, the said Memo dated 03.01.2023 is illegal and. arbitrary and liable to be set aside in the above circumstances, the Memo, is illegal and arbitrary. Hence petitioners are constrained to challenge the said proceedings in the present I.A. ihstead of amendment of prayer. Hence this petition. The same may be added as para 35 (c) after para 35 (b) to amend the prayer as'follows : "declare that rhe Memo No.3792|FOR II(7)/2O22, dated 30.01.2023 is illegal and therefore, they are liable, to be set aside and pass...". 4 e ers i m e on rl f r n d I I J SN, J WP No.44822 of2022 l't petitioner is working as Forest Section Officer' whereas petitioner Nos.2 to 6 are working as Dy' Range Officers' OneSriC.Srinivas,FROandP'RaniRudramma'DRO'whowere working from 14.08.2019 and 28'08'2021 respectively in HMDA made a representation dated LB'06'2O22 to allow them to continue in HMDA. Through the proceedings dated t6't2'202L of the Principal Chief Conservator of Forests, the Government have communicatedtheallocableworkingstrengthinNewLocal Cadres particularly for zonal and multi zonal cadre posts and the employees of the erstwhile local cadres to be considered for Presidential allotment to the'new local cadres organized .under order 2018 and as per the guidelines issued in G'O'Ms'No' 317' dated 06.12.2021, there are 476 sanctioned Posts, of F'S'Os in different zones of Multi zone-I and 569 sanctioned pcists of FSOs in Multi zone-Il. There are 103 FROS (employees ) in erstwhile zone 6 to be allotted to New Multi zone-I & Multi Zone-II and there are 146 (FROs) in erstwhile zone 6 to be allotted to New Multi Zone-I and Multi zone-Il. The association of FROS of Multi Zone-II made a representation dated ll'07'2022 and another representationdatedt6.ll.2022forredressaloftheirgrievance relating to proper allocation of posts in HMDA and V&E to Multi 4 wp N" 44822 "r;ilii Zone-r and II' The posts in certain estabrishment and institution to be apportioned among the local cadres located within the territoriar rimits of the areas served. The petitioners submit that alrocation or proposar for arocation oF 4 posts of FRos to Multi Zone-I while allocating onty 2 posts of FROs to Multi Zone_II and similarry a'ocating 5 posts V&E to Murti zone-I and only 2 posts to Multi Zone_II is arbitrary and contrary to even the policy of the Government and the principles underlying the presidential order. It is further case of the petitioners thi ttt tnat the proceedings of the 2nd respondent o"*n ^. , :l^-: 05'11' 2022 is illegal' contrary to the presidentiar order. oated ggrieved by the same, the petitioners approached the court by firingthe present writ petition. 5.p US ED TH E REcoRD:- (A) d 3 o u r N 7 d F I I I o I I ENVTR. NM ENr, ." J8r:y::l#:t Memo No. 379 2/ For.II(t)/ 2022. T OF TELANGANA & TECHNOLOGY (FOR.II) DEPARTMENT Dated;30.01.2023 titi$il1ntru*t,lr*[ru,#-:,,",i jW{ 5 SN, J WP N0.44822 oi2022 Ref: 1 Letter from Forest Range Officers of Multi Zone- II,Dated:11.07.2022 addressed to Hon'ble M(F&E,S&T)' Govt. Mem o. No. 3792lFor. I l(l) / 2022, dt. L3'O7'2022' Representation from Forest Range Officers of Multi Zone-|' Dated:L4.O7.2O22. 2 3 4. Govt. Memo. No. 3 792lFor. I l(l) / 2022, D ated : 28 -O7 -2022' 5. Representation from the President, Telangana Jr' Fffest Officers Association, Hyd', Rc' No' 16/ T)FOAI 2022' dated:30.07.2022 Dated:05.11.2022' enclosures, Dated : nil.

6. Govt. Memo. No. 3792lFor'lI(1), dt'10'08'2022 7. Representation of FROs of Multi Zone-ll along with its 8. From the PCCF (HoFF), TS, Ref'No'197/2022/EE'l' g. From the PCCF (HoFF), TS, Ref' No' 10. Representation of Telangana lunior Forest Officers Association, Hyderabad through Hon'ble M(EFS&T) Endt' No.453 / 2022,D ated : 19 . t 1.2022' 11. Representation of FROS of Multi Zone-II received through 477 tOO / 2O22lEE. 2,dated : 15 . lI'2022 csP, 1949 l/CSP / 2022, Dated: 79. L2.2022

12. Representation of FROs of Multi Zone-I received through Hon'ble M ( EFS&T), Endt. No. 4521 2O22, D ated : 2t'12'2022' *x* Chief Conservator of Forests The attention of the PrinciPal he references 1n to gth cited and (HoFF), Telangana State, is invited to t ted are sent herewith and he is copies of the references 10th to 12th ci their level as Per earlier rePort requested to take necessary action at submitted by Principal Chief conservator of Forests (HoFF)' vide references 8th & gth cited. t M.PRASHANTI, ADDITIONAL SECRETARY TO GOVERNM ENT 6 SN, J WP No.44822 of2022 (B) The, m uqned order da dos tt.2 22 issued r H a of rV f n th Pri ct alC F A d e e ief S c ovG ern ment, r r a H d r a Fo rest Deo r tment, Tel a r d e u d "GOVERNMENT OF TELANGANA" FOREST DEPARTMENT From Sri RM Dobriyal, IFS. Prl. chief conseryator of Forests Head of Forest Force (FAC) Telangana - Aranya Bhavan 5atdabad, Hyderabad. To The Spl. Chief Secretary to covt rorests Department. Telangana Secretariat. Hyderabad. Madam, Ref No. 19220 22/EE.t, dated 05. 1 1.2022 Sub:- Establishment _ Forest Department _ Organization of if,; i;;;;i R;eT;;."., in mutti Locat cadres and setuement "f Zone-r, and Mutti zone_rr, Givins ;q;;G;;1.rlti", ro. t Forest Ra nse officers of Mz^ I iniil;;l ;il;|, :itrbtish -"nt, etc., accordins to rhe new p.o. 20ie _ ;;;""-r]r#,u"0 _ Regarding. 1. Representation of Forest Range Officers of Multi Zone_II g!a19s_s9o to the Hon,bte Mi.iiG. fr;;;;*,r,il*o 7t.o7.2022 I sPUr L 5uulr " , .For.tr(L)/2O22,EFS&TDept.dared

2. Govt. Memo No.3792ll 13.07.2022. , ffiJ."'rT;T::tr"j.."."" Ranse ofncers of Murti Zone_r, ^ 23ii; .\li!.No' 3 7e2lror' II (t) / 2022, EFS&r Dept., da ted &&& With reference to tl: G g M:.No.2nd and 4rh cited, it is submitted fl:::.:fr"i:'?,1"t;.3'r}: post or rorest nlrise om.e. i, Murti Zonai rtat, there are totat tz+sl poits l; ;;;:,ri 7 7 SN, J WP No.44822 of 20ZZ Range Officers in Forest Department, which is divided among two multi zones in Finance Portal. The details as follows : Multi Zone I Multi Zone-I Multi Zone-U Total Ranges/ Spl.Duty post in Multi Zone 2 L7t 61 Total 232 State Level 7 6 13 4 L78 67 245 In addition to the above, there are another (29) posts of Forest Range officers in various Government Departments/Organization to work on deputation/foreign services basis. The same is neither included in the cadre strength nor shown in the Finance portal by the Government. The details are as follows : sl. No 1 1 2 Multi Zone Deputation posts in various Government Departments (total 29 posts) 2 Multi Zone-I Multi Zone-II Grand total HMDA 3 6 6 GHMC 4 14 l4 V&E HMWW&SB 5 6 5 7 2 2 Total 7 2 27 29 The Forest Range Officers of Multi Zone-I & Multi Zone-II vide reference 1s and 2nd cited have represented this office as well as Government to accord equal opportunity to Forest Range Offlcers of Multi Zone-I, & II to work In above special situations by giving a fair share in the postings of Special Officers, etc., It is submitted that as per the letter of Metropolitan Commissioner, HMDA, Lr.No.130/D1lUF/HMDA./2OO7, dated 04.01.2013 (copy enclosed) the urban forestry wing has been created in HMDA during 1986 and has a sanctioned strength of Urban Forestry staff, which is as follows: A. Forest Range Officer B. Deputy Range officers C. Forest Sections Officers 6 Nos. 10 Nos 10 Nos. In this connection, it is submitted that Spl. CS to Govt. MA&UD Dept/Metropolitan Commissioner, HMDA, Hyderabad in Lr.No.519/Estt/HMDA./2019, dated 27.06.2022 (copy enclosed), in connection with extension of deputation of one of the Forest Range 8 SN, J WP No.44822 of2022 Officers of Multi Zone_I. _the HMDA is a Special Entity/Esta blis h ment formed under Act No.B gj^10g8 ;i',h":;J;"i;sisrature, and as per the G.o.Ms.No.L24. GA (spF_MCtD;;:, ;;; 3t.r8.2018, Ctause 14 f]t^rl"_ .Hy?.A,.r exempied rrom'prJiZni;;.#. rhe HMDA area is covered in (7) viz., Siddio.et and Medak in Urf ti iJr"_l and Hyderabad, e dch a I - M a r kaje i.i. d;#eaa;''"'nl r" o u 0., B h o n s i r i n ["r?,? 1"""."._r,i., The above reoresentations of Forest Range Officers of Multi zone-I, & Multi ZoneII keeping in view if tf,"'"I"r" report of Spt. CS to Govt. MA & UD Dept/Metroiotit"" Clr'rirriJ,i""" nrro, Hyderabad has been examined and-_fair^sha; il;i;j:,-is apptied for the deputation posts of Forests . Range Offi#;- in HMDA and V&E Departments, the fo,owing is tne reiurtani'iia"."'r*ungth of both the Mutti zones, which mav ",."..3:^"_q" ,;;;."'i; X;A or deputation post of FRos in GHMC ana irurwwasB; it-;;r;;iliro?., the tocat area of these posts are timired to GHMC ti;ii;. ';;:,e, the question of applying fair share does not arise. st. No. Multi Zone Tota I posts in Finance Porta I Apphcation oT fair share on deputations posts HMDA Out of 6 V&E Out of 7 posts HGMC Out oF 14 posts HMWW&SB Out oF 2 oosts 1 1 2 2 Mulit Zone I Multi Zone-II 3 7)8 67 Tota I 245 4 4 2 6 5 5 2 7 6 Does not 7 Does not 74 14 2 2 'Tolal cad re strength a Fter applying fair share 8 18) B7 274 Acco deputation Multi Zone- ldlnglv: action wiil be taken as per the above didtribution of posts to depute the rorest Rage oin."* "r nlr'rt.'i )one_l a This is submitted for kind of information. . yours fa ithfu IIy, Sd/_ R.m. Dobriyat, Principal Chief conservator of noreltsj .. (Head of Foresr Forest)(FAcj. // f rue copy/ / Sd/-xxxx For Principal Chief Conservator of Forests 7 9 SN. J wP No.44822 of 2022 DIScussro AND CONCLUSION

6. The learned counsel appearing on behalf of the petitioners submits that the petitioner submitted detaired objections vrde petitioners detailed representation dated 16.t7.2022 in the capacity of Zonal Secretary, Charminar Zone, Telangana Junior Forest Officers Association, Hyderabad addressed to the 1st respondent herein i.e. Special Chief Secretary to Government, Forest Department, Telangana Secretariat, Hyderabad against the report Ref. No.197l2022/EF.t, dated 05.11.2022 submitted by Principal Chief Conservator of Forests, Telangana to The Special Chief Secretary to Government, Forest Department, Telangana, and the said representations furnished by the petitioner had even been acknowledged by the l't respondent herein. The learned counsel further submits that the Additional I Secretary to Government considering the representations made to 1't respondent passed impugned order vide Memo 3792/For.Il(L)/2022, dated 30.01.2023 addressed to the respondent No.2 to take necessary action at his level as per earlier report submitted by respondent No.2 dated OS.1^L.2022. Hence the learned counsel appearing on behalf of the petitioner further contends that the impugned order vide Memo No. I l i I { ; F t0 SN. J WP No.44822 of 2022 3792/For.II(7)/2022, dated 30.01.2023 of the Additionat Secretary to Government, forwarding the representations of Telangana Junior Forest Officers Association, Hyderabad again back to the 2nd respondent since the grievance of the petitioner is against the report forwarded by the 2nd respondent dated 05.11.2022 to the lst respondent and therefore, in the interest of the justice the 1st respondent has to consider the petitioners detailed representation dated 16.I1.2022 submitted by the petitioner against the report of the 2nd respondent dated 05.77.2022 to the 1't respondent herein and not the 2nd respondent herein

7.7 e rn d s s G er m tPt a r -I a e s bmits thatth es ubiect tss enee s t 1"t eh f d n e o n on en sidered bv v t th 1"t s r an e nf rm t I r of a s 8 (a) t co I r The aforesaid facts and circumstances of the case, 7 1l SN, J WP No.44822 of 2022 (b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader, appearing on behalf of the respondents. (c) The contents of the report dated 05.11.2022 of the 2"d respondent forwarded to the 1't respondent and petitioners detailed representation dated 16.LL.2022 pertaining to the petitioners specific objections to the report dated O5.11.2022 ol the 2nd respondent forwarded to the l't respondent, (d) The impugned memo dated 30.01.2O23 ol the l"t respondent, The writ petition is allowed. The impugned Memo No.3792/For.ll(1)/2022, dated 3O.O1.2O23 \of the 1"t respondent is set aside. The lst respondent is iirected to consider the grievance of the petitioners as put forth vide petitioners detailed representation pertaining to specific objections dated 16.L1.2O22 addressed to the l't respondent herein aggrieved against the report of the 2"d respondent in Ref.No. L97 l2O22|EE1 dated 05.11'2022 pertaining to distribution of posts of FROS to Multi Zone-I t2 SN, J WP No.44822 of 2022 and II insofar as it retates to applicability of fair share on deputation posts of HMDA and V&E, in accordance to law, within a period of four weeks from the date of receipt of a copy of the order and duly communicate the decision on petitioners representation dated t6.:-t.ZOzZ to the petitioners herein. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPYII SD/-P. PONNA KRISHNA st TANT REGISTRAR ECTION OFFICER !rtment, Telangana

1. The Special Chief Secretary to Government, Forest Secretariat, State of Telangana at Hyderabad.

2. The Principal Chief Conservator of Forests (Head of Forest Force), Telangana, Aranya Bhavana, Saifabad, Hyderabad.

3. Two CCs to Gp FoR SERVICES- l, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to SRI P.V.RAMANA, Advocate [OPUC] 5. Two CD Copies To SA BS HIGH COURT DATED:1 610712025 l 1' :. TAr

1. 'l -.. 1E SEPM * D E.S ir,.,i CL \ i-p t ORDER WP.No.44822 of 2022 ALLOWING THE W.P WITHOUT COSTS. q d q 1 r6