ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in issuing proceedings in Proc No 2844/2022/HR-1(11), dated 27.09.2022 by partially modifying the order issued on 14.09.2022 by changing the allocation of place of the petitioner from Anantapuramu to Sri Satya Sai District and allocating the Anantapuramu District to the 3rd respondent, as illegal, arbitrary and also oppose to Article 14 of the Constitution of India consequentially suspend the operation of the proceedings in Proc.No.2844/2022/HR-1(II), dated 27.09.2022 by directing the 2nd respondent to continue the petitioner at his station i.e., the O/o The District Forest Officer, Anantapuramu and pass such other order or orders…….”

The case of the petitioner is that initially he was appointed as Assistant on compassionate appointment by the District and Magistrate of the District of Kurnool and joined with the office of the conservator of Forest, Kurnool Circle on 26.06.1993. Thereafter, he was promoted as Senior Assistant in the year 1996 and joined at Nandyala, Kurnool on 27.06.1996. Later, he was promoted as Superintendent and joined at Srisailam, Kurnool District on 15.02.2011 and discharged his duties with utmost satisfaction of the authorities.

While so, the 1st Government issued G.O.Ms.No.61, dated 13.09.2022 for reallocation of posts and personnel in the reconstructed Districts/Division offices of the State. Accordingly, the 2nd respondent has issued proceedings vide reference No.2844/2022/HR-1(ii) dated 14.09.2022 for reallocation of posts and personnel by communicating the above said G.O. In the said proceedings, dated 14.09.2022, at Serial No.22 with regard to Ananthapuramu Circle, the 3rd respondent was shown as she was allocated to the O/o DFO(T) Sri Satya Sai District. The 2nd respondent in his proceedings directed the persons to start functioning with effect from 15.09.2022. however, the 2nd respondent modified the said order with regard to functioning w.e.f.15.09.2022 was put in abeyance on the said date and thereafter issued another proceedings by clarifying that the persons to start functioning from 28.09.2022 on 27.09.2022. As seen the above orders, it makes clear that to help the 3rd respondent the modified order has been issued. Questioning the same, the present writ petition is filed.

3. Heard Mr. V.Sai Kumar, learned counsel appearing for the petitioner and learned Government Pleader of Forest appearing for the respondents.

4. Learned counsel for the petitioner submits that the

2nd respondent ought to have finalized the proceedings dated 14.09.2022 in spite of the same partially modified the orders on 27.09.2022 to accommodate the 3rd respondent which is oppose to Article 14 of the Constitution of India and further the 2nd respondent has issued letter with a direction to the personnel to start functioning with the re-organized Divisions as per the schedule from 28.09.2022 i.e., within 24 hours after issuance of the partially modified order dated 27.09.2022 which is highly illegal. He further submits that the transfers would not be affected middle of the academic year and the entire exercise of the 2nd respondent is nothing but favouring the 3rd respondent. Hence, he requests this Court to pass appropriate orders as stated supra.

5. On the other hand, learned Government Pleader submits that the 1st respondent Government has issued G.O.Ms.No.61, Environment, Forests, Science & Technology (Sec.V) Department, dated 13.09.2022. In view of the said G.O., the 2nd respondent has issued orders. Therefore, there is no illegality in issuing the proceedings dated 27.09.2022.

6. On hearing, this Court observed that, as per G.O.Ms.No.61, dated 13.09.2022, wherein it is mentioned that re-appropriating the cadre strength of State Forest Service cadres i.e., (33) Deputy conservator of