APHC010330102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 16883/2023 Between:

1. S K MD YASIN, AGED ABOUT 50 YEARS, MUSLIM PRESENTLY WORKING AS FOREST BEAT OFFICER, TANGIRALA, BEAT OF VINUKONDA RANGE, VINUKONDA MANDAL PALNADU DISTRICT (GUNTUR DISTRICT)

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF THE FOREST FORCE, ANDHRA PRADESH FOREST DEPARTMENT ARANYA BHAVAN, MANGALAGIRI, GUNTUR DISTRICT.

2. T HE DISTRICT FOREST OFFICER, OFFICE OF THE DISTRICT FOREST OFFICER (T) TERRITORIAL FOREST DIVISION, GUNTUR.

3. T HE DISTRICT FOREST OFFICER, PALNADU (T) FOREST DIVISION, PALNADU DISTRICT.

4. T HE DEPUTY DIRECTOR, PROJECT TIGER, MARKAPURAM.

5. J VENKATA RAO, FOREST BEAT OFFICER, AT LOYAPALLI BEAT VELLDURTHI SECTION OF MACHERLA RANGE PALNADU (T)

DIVISION, PALNADU DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus by declaring action of the respondents 1 to 4 as illegal, arbitrary, irregular. irrational for not considering the seniority of the petitioner who is the senior most among the seniority list while considering the promotion as well as while promoting the 5th respondent as Forest Section Officer by issuing the promotion proceeding with vide Service orders i.e., S.O. No. 12/2023/S2 dated 3-7-2023 by the 2nd respondent without considering the seniority list dated 24-3-2023 with vide Rc no. 329/2023/S1 by violating the Articles 14, 19, and 21 of the constitution of India and violation of principle of natural justice to set aside the Promotion orders i.e., S.O. No. 12/2023/S1 dated 3-7-2023 with vide Rc No. 3787/2022/S2 and consequently direct the respondents to consider the petitioner for promotion to the post of Forest Section officer basing on the seniority list as per records and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend on the impugned Promotion orders i.e., S.O. No. 12/2023/S1 as per vide Re. No. 3787/2022/S2 issued in favour of the 5nd respondent pending disposal of the main writ petition and also pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the petitioners/Respondent in WP No. 16883 of 2025 to file Rejoinder to the counter affidavit by condoning the delay and consequently order to receive the Rejoinder on record and pass Counsel for the Petitioner:

1. G.SAI LOCHAN Counsel for the Respondent(S):

1. GP FOR SERVICES I

2. P V RAMANA The Court made the following:

ORDER:

1. The writ petition is filed to declare the action of the respondents 1 to 4 as illegal for not considering the seniority of the petitioner while considering the petitioner for promotion as well as for promoting the 5^th respondent as Forest Section Officer vide proceedings dated 03.07.2023 by the 2^nd respondent without considering the seniority list dated 24.03.2023, as illegal and arbitrary and consequently direct the respondents 1 to 4 to consider the petitioner for promotion to the post of Forest Section Officer basing on the seniority list as per records.

2. The case of the petitioner is that initially he was appointed as Forest Beat Officer at Tangirala Beat of Vinukonda Forest Range, Palanadu Forest Yerirorial Division, Palanadu District. While working, the petitioner was transferred vide proceedings dated 15.06.2023 from existing Tangirla beat of Vinukonda range to Sirigiripadu Beat of V.P. South