IMPORTANT POINT
The central legal point established in the judgment is the importance of considering the eligibility and training status of candidates for promotion, as well as the authority's discretion in promoting fully qualified candidates during the panel year.

ORDER:

Heard the learned counsel for the petitioner and the learned counsel for the unofficial respondent Nos.5 & 6 and learned Government Pleader on behalf of respondents No.1 to 4. 2. The petitioner has approached this Court, seeking the following relief:

“To issue a Writ, order or direction, more particularly one in nature of a Writ of Mandamus (a) Declaring the action of third respondent in issuing the impugned order in Rc. No. 145/2016/M2(i) dated 31.08.2016 and consequential orders in Rc.No.145/2016/M2(ii)dated 31.08.2016 and communicated by the 4th Respondent vide Rc.No.293/S1/2016 ignoring and overlooking the petitioner who is senior according to the seniority list communicated by the respondents as on 01.01.2015 and promoting the unofficial respondent as on 01.01.2015 and promoting the unofficial respondent 5 and 6 as Deputy Range Officers who are junior to the petitioner as arbitrary, illegal, against rules and to set aside the same; and (b) Consequently, direct respondents to promote petitioner as Deputy Range Officer according to the seniority list as on 01.01.2015.

3. The case of the Petitioner, in brief, as per writ affidavit filed, is as follows:

a. The Petitioner has Joined in the service as Forester (Forest Section Officer) on 20.12.2008 and has been working in the said ever since and had also completed his one year training of Forester at Andhra Pradesh Forest Academy, Dhulapally.

b. Respondent had issued the seniority list vide “GENERAL ESTABLISHMENT – CUM – INTER-SE-SENIORITY LIST OF FORESTERS (FOREST SECTION OFFICERS) OF NIZAMABAD CIRCLE” dated 01.01.2015 and the petitioner was placed at Serial No.4.

c. 3rd Respondent vide Rc.No.145/2016/M2(i) dated 31.08.2016 promoted 3 (Three) Foresters who were placed at Serial no. 2, 11 and 14 as Deputy Range Officersand posting orders were issued vide Rc.No.145/2016/M2(ii) dated 31.08.2016.While the Forester at Serial no. 2 is a senior of the Petitioner, the Foresters at Serial no.11 and 14 have been promoted as Foresters as 10.09.2009 and 29.04.2010.

d. According to Rule 5 of The Andhra Pradesh Forest Subordinate Service Rules, 2000 the method of appointment to the category of Deputy Range Officer from Forester is by way of promotion only and the appointing authority is Conservator of Forests of the concerned territorial circle and required qualifications are mentioned in detail in Section 5.

e. According to Rule 5 of Andhra Pradesh Forest Subordinate Services Training Rules, 2012, the trainees from the cadre of Forest Selection Officer shall be selected based on the Circle seniority list and;

f. According to Rule 7 of The Andhra Pradesh Forest Subordinate Service Rules, 2000 minimum service (for promotion/appointment by transfer), no person shall be eligible for promotion unless he has put in not less than 3 years of service in the category from which promotion and transfer is made.

g. Rule 8 of A.P. State and Subordinate Service Rules states, for appointment to a higher post either by promotion from one category to another within a service or by appointment by transfer from one service to any other service, a member of a service or class of a service, shall have satisfactorily completed his probation in the category from which he is proposed to be promoted or appointed by transfer of such higher position and the Deputy Range Officer post is a non-selection post.

h. According to Rule 6(h)(i) of A.P. State and Subordinate Service Rules. 1996, For non-selection posts referred to in sub rule (b) of Rule 5, the appointing authority shall prepare a list of eligible employees every year from 1st September of the year to 31st August of succeeding year after considering the record sheet and qualification prescribed for the said post in relevant Special Rules for promotion to next higher category of non-selection post.

i. Rule 5(b) – Non selection posts – Non Gazetted should be tre