HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.2682 OF 2023

ORDER:

Heard Gundrati Raman Goud, learned counsel

appearing on behalf of the petitioner and learned Government Pleader for Services-I appearing on behalf of

the respondents.

2. The petitioner approached the Court seeking

amended prayer as under:

“… to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of respondent no.3 in issuing impugned speaking orders in Rc.No.472/2023/M1(i), dated 28.02.2023 rejecting the candidature of the petitioner for promotion to the post of Forester quoting G.O.Ms.No.123, EFS&T (For.II) Department, dated 23.12.2022 is totally illegal, arbitrary and does not change the status of the G.O.Ms. No. 33, Environment, Forests, Science Technology (For V.) Department, dated 09.03.2006 as the Petitioner is the Awardee of Best All Rounder (highest aggregate marks) and Gold Medal (to the trainee who gets the highest total number of marks in the class in Academics) even as per the amended Training Rules and set aside the impugned speaking orders Rc. No. 472/2023/M(1)(i), dated 28.02.2023 passed by the 3^rd

respondent and consequently direct the respondents to consider and promote the petitioner for the post of Forester as per amendment to the Andhra Pradesh Forest Subordinate Service Rules issued in G.O.Ms.No. 33, Environment, Forests, Science Technology (For. V) Department, dated 09. 03.2006 and pass such other order or orders…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was initially appointed as Forest Beat Officer in the Forest Department through direct recruitment on 05.07.2019. Thereafter, the petitioner underwent the induction training of Forest Beat Officers at the Telangana Forest Academy, Dulapally as per the proceedings dated 27.01.2021, of the 7^th respondent and subsequently the petitioner had appeared for the examination conducted during the training for Forest Beat Officers and was awarded the Gold Medal in Academics in the said test.

It is further the case of the petitioner that the government vide G.O. Ms. No. 33, dated 09.03.2006, had amended the A.P. Forest Service Rules issued in G.O. Ms. No. 88, dated

19.07.2000 concerning the promotion of Forest Beat Officers to the post of Forester, to those who stood first in the final examinations conducted by the Andhra Pradesh School of Forests, Yellandu and Andhra Pradesh Academy, Dulapally and petitioner stood qualified for the promotion to the post of Forestor as per the above mentioned amendment since petitioner stood first in the said examinations. Subsequently, the 3rd respondent issued the Provisional Seniority List of Forest Beat Officer dated 23.12.2022 in which the Petitioner stood at serial no. 218, further the petitioner also completed three (3) years of service as Forest Beat Officer as required for promotion to the forester as per Rule 7 of Telangana Forest Subordinate Service Rules, 2000, hence the petitioner is qualified for promotion as forester. However, the respondents did not consider the case of the petitioner despite a representation being submitted by the petitioner dated 06.01.2023. Aggrieved by the same, the petitioner filed the present writ petition, thereafter this court directed the 3^rd respondent to consider the representation made by the petitioner, in pursuance to the said order, the 3rd respondent considered the representation and rejected the request of the petitioner vide impugned Speaking order Rc.No.572/2023/M1(I) dated 28.02.2023 stating that the government vide GOMs No 123,EFS&T (For.II) Department dated 23.12.2022 amended the Telangana Forest Subordinate Service Rules, 2000 wherein no provision is provided by earmarking quota for the candidates who stood first in the training. Aggrieved by the same the petitioner preferred the present writ petition.

4. PERUSED THE RE