A candidate must successfully complete the full course of Training in Forestry to be eligible for promotion to the category of Deputy Range Officer under Rule 5 of the Telangana Forest Subordinate Service Rules, 2000.

JUDGMENT :

Heard the Counsel for the Petitioner. Heard the Learned Government Pleader for the Respondents.

PERUSED THE RECORD :

2. The prayer sought by the Petitioner in the writ petition is as follows :

“to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus to declare the action of third respondent in issuing impugned speaking orders vide Rc. No. 3808/2016/M2 dated 13.06.2017 with regards to the W.P. No. 7141 of 2017 filed by the petitioner before this Honble Court on the ground that petitioners request cannot be considered for promotion to the Deputy Range Officer though petitioner was fully eligible and qualified as arbitrary illegal and against the principles of natural justice and set aside the same and consequently direct the respondents to promote the petitioner to the post of Deputy Range Officer with retrospective effect ie., from the date the officer at serial No.22 who is junior to petitioner and was promoted vide Rc No 3649/2002/M2 dated 07.10.2014 by third respondent with all consequential benefits

3. The order passed in W.P.No.7141 of 2017 is as follows :

“Petitioner claims that he is eligible for promotion as Deputy Range Officer. Praying to grant promotion as Deputy Range Officer, petitioner made representations on 18.10.2014 and again on 02.06.2016. The grievance of the petitioner is that the said representations are not considered so far and no decision is taken by the respondent authorities, causing lot of hardship and suffering.

2. Since the petitioner contends that the representations made by him praying to grant promotion are yet to be acted upon, this Court is not inclined to entertain the Writ Petition and keep the same pending.

3. The Writ Petition is accordingly disposed of, without expressing any opinion on merits, directing the Conservator of Forests, Medak Circle, Madak, the 4th respondent, to examine the claim of the petitioner and pass appropriate orders by assigning due reasons in support of his decision, if not already made, within a period of two months from the date of receipt of a copy of this order, and communicate the said decision to the petitioner. There shall be no order as to costs.”

4. The Proceedings impugned dated 13.06.2017 passed by the 3rd Respondent - Chief Conservator of Forests, Nizamabad Circle, Nizamabad, reads as under :

In obedience to the orders issued by the Hon'ble High Court (for the state of Telangana and Andhra Pradesh). Hyderabad vide reference 2nd cited, Sri V.Ravi Kumar, Forest Section Officer, Gummadidalla Section of Sangareddy Range and District of Medak Circle is informed that, the request for promotion to the category of Dy. Range Officer has been examined with reference to the rules in vogue. The Divisional Forest Officer, Medak has not recommended for your selection to the category of Dy. Range Officer during the panel years 2013-14, 2014-15 & 2015-16 since you have not undergone full course of training in Forest Section Officer (Forester) during the panel years at TS Forest Academy, Dualapally. Further you have undergone the Forester training course for the year 2014-15 (15 Batch) at TS Forest Academy, Dulapally, Hyderabad commenced from 08.10.2014 to 30.09.2015.

As per para 6 (b) of AP. State Sub-ordinate Service Rules 1996, which states that "1" September of the year shall be reckoned as the qualifying date to determine the eligibility of the candidate for promotion as such the candidature was not considered for promotion to the category of Dy. Range Officer during the panel years 2013- 14, 2014-15 & 2015-16.

Further as per Rule-5 of Telangana Forest Subordinate Service Rules, 2000, the Forest Section Officer must have successfully undergone the full course of Training in Forestry in the AP School of Forest or any other training institution recognized by the Government of Andhra Pradesh or run by the Forest Department".

In view of the above, your request for promotion to the category of Dy. Range Officer cannot be considered a