THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.24582 OF 2024

O R D E R:

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

“...to issue a writ or direction more particularly one in the nature of Writ of Mandamus to declare the action of 3^rd respondent in issuing promotion orders in SO No.31/2024/M1 in Ref.No.2312057/2023/M1, dated 28.08.2024 wherein 3 Forest Beat Officers who are juniors to the petitioner are promoted to the post of Foresters/Forest Section Officers and declare the same as arbitrary, illegal, unconstitutional, against the principles of natural justice and violative of Rule 5(b) of Telangana State and Subordinate Service Rules, 1996 and specifically para (6) of GO Ms.No.257, GA (Ser.C) Dept. dated 10.06.1999 and consequently direct the respondents to promote the petitioner to the post of Forester/Forest Section Officer in terms of Rule 5(b) of Telangana State and Subordinate Service Rules, 1996 and specifically as per para (6) of GO Ms.No.257, GA (Ser.C) Dept., dated 10.06.1999 on par with 3 of his juniors who are at Serial Nos.14, 15 and 17 of the panel for the year 2023-24 were promoted vide proceedings in SO No.31/2024/M1 in Ref.No.2312057/2023/M1, dated 28.08.2024 and pass such other order or orders …”

2. Heard Sri G.Raman Goud, learned counsel for the petitioner and learned Government Pleader for Services-I, appearing for the respondents.

3. The brief facts of the case are that the petitioner was working as the Forest Beat Officer, Strike Force (Special Duty), in the Office of the 5^th respondent. Whileso, the 6^th respondent vide Ref No.282/2020/S2, dated 30.07.2020 had placed the petitioner under suspension of service basing on the Field Inspection Note of District Forest Officer, Nagarkurnool, dated 27.07.2020. Subsequently, the suspension order was revoked and the petitioner was re-instated into service on 17.11.2020. The 6th respondent issued Article of Charges in Rc.No.311/2020/S5-(i), dated 24.11.2020 under Rule 20 of Telangana State Civil Services (Classification, Control and Appeal) Rules, 1991 and directed the petitioner to submit his written statement within ten (10) days from the date of receipt of the Articles of Charges. It is stated that, even though the Articles of charges were issued on 24.11.2020, no enquiry was conducted as per the CCA Rules. Due to pendency of the same, the case of the petitioner was not considered for promotion to the post of the Forester/Forest Section Officer, even though he was fully eligible and qualified for the said post, as per Rule 5(b) of the Telangana State and Subordinate Service Rules, 1996 and Para No.6 of G.O.Ms.No.257, GA (Ser.C) Dept, dated

10.06.1999. Hence, the present Writ Petition.

4. Learned counsel for the petitioner submitted that the 3^rd respondent had issued SO No.31/2024/M1, dated 28.08.2024 and issued promotion orders to six (6) Forest Beat Officers promoting them as Foresters/Forest Section Officers and issued the posting orders, out of which, three (3) Officers are juniors to the petitioner. Due to the pendency of the Articles of Charges, the petitioner’s case was not considered for promotion to the post of the Forester/Forest Section Officer, though he was fully eligible and qualified as per the prevailing Rules. Learned counsel further submitted that the petitioner has submitted a representation dated 27.08.2024 to the Conservator of Forests, Amrabad seeking to consider his case for promotion. But in vain. Therefore, he seeks to pass appropriate orders.

5. Learned Government Pleader fairly submits that the respondents, shall consider the case of the petitioner for promotion to the post of the Forester/Forest Section Officer, as per law, if a reasonable time to granted to them.

6. Having regard to the submissions made by the learned counsel for the respective parties, this Writ Petition is disposed of directing the respondents to consider the case of the petitioner for promotion to the post