APHC010085832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4712/2026 Between:

1. G V HANUMANTHU RAO, S/O G. VENKATESWARULU, AGED ABOUT 58 YEARS, WORKING AS SENIOR ASSISTANT, OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, ARANYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FOREST, ENVIRONMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, AND HEAD OF FOREST FORCE, STATE OF ANDHRA PRADESH ARANYA BHAVAN, MANGALAGIRI,GUNTUR DISTRICT.

3. T HE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS ADMIN, OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE, STATE OF ANDHRA PRADESH, ARANYA BHAVAN, MANGALAGIRI,GUNTUR DISTRICT ...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in not considering Petitioner's case for promotion to the post of Administrative Officer/ Superintendent as per his seniority on the ground of pendency of Articles of Charges in proceedings vide Ref.No. EFS02- 19021/16/2024/Vig-1 Dated 01.03.2024 of Office of the Principal Chief Conservator Of Forest and Head of Forest Force Department of 2nd Respondent in respect of alleged incident in the year of 2018 without finalizing the departmental proceedings even after issuing notices and inspite of instructions issued by the Government and inspite of the Hon'ble Division Bench judgement passed in WA No.550 of 2022 and relying upon G O Ms No 257 GAD in the existing clear vacancy as highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to forthwith consider Petitioners case promotion to next level cadre post of Administrative officer/ Superintendent as per GC Ms No 257 General Administration (SER.C) Director Dated 10.6.1999 and as per law without referring the pending Departmental proceedings vide Ref.No. EFS02-19021/16/2024/Vig-1 Dated 01.03.2024 of office of the Principal Chief Conservator of Forest and Head of Forest Force Department of 2nd Respondent and to pass….

1. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

2. The case of the petitioner is that the respondents have not considered his case for promotion to the post of Administrative Officer/Superintendent, as per his seniority, on the ground of pendency of Articles of Charges in proceedings vide Ref. No. EFS02- 19021/16/2024/Vig-1, dated 01.03.2024, on the file of the Office of the Principal Chief Conservator of Forests and Head of Forest Force, Department of the 2^nd respondent, in respect of an alleged incident of the year 2018, without finalizing the departmental proceedings even after issuance of notices, and in spite of the instructions issued by the Government as well as the judgment of the Hon’ble Division Bench in W.A. No. 550 of 2022, and while relying upon G.O. Ms. No. 257, GAD, despite the existence of clear vacancies, is highly illegal and arbitrary.

3. The learned counsel for the petitioner submits that, in view of the pendency of the ongoing departmental proceedings, which ought to have been completed within three months in simple cases and within six months in complicated cases, as per the time-frame prescribed in G.O. Ms. No. 679, General Administration (Services-C) Department, dated 01.11.2008, and G.O. Ms. No. 91, General Administration (Services-C) Dep