Telangana High Court

WP/22473/2020 of Ch.M.M.Krishna Prasad Vs The State of Telangana and Another on 31 December 2020

THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINANO KUMAR SHAVILI Betwee n AND Ch IV.tV.Krishna Prasad, S/o.Yatirajan, Ag_e 38 years, Working as Foresl Range Officer,

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original J urisdiction)

THURSDAY, THE THIRTY FIRST DAY OF DECEIVBERTWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE SRI JUSTICE ABHINANO KUMAR SHAVILI

WRIT PETITION NO: 22473 OF 2020

Betwee n

Ch IV.tV.Krishna Prasad, S/o.Yatirajan, Ag_e 38 years, Working as Foresl RangeOfficer, G.H.l\,4.C. Hyderabad, Hyderabad Districi.

...pEIT|oNER

AND

1. The State- of Telangana, Rep. by its Special Chief Secretary, Environment,Forests, Science And Technology Department, Telangana Secretariat,Hyderabad,Forests, Science And Technology Department, Telangana Secretariat,Hyderabad,

2. The Principal Chief Conservator of Forests, Aranya Bhavan, Saifabad,Hyderabad.Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a writ, order or direction more in the nature of l\ilandamus declaring theaction of the 1st Respondent in not granting notional promotion to the post ofto issue a writ, order or direction more in the nature of l\ilandamus declaring theaction of the 1st Respondent in not granting notional promotion to the post ofAssistant Conservator of Forests to the petitioner after dropping DisciplinaryProceedings in G.O.Rt.No.65 EFS & T (FOR.lll) Dept. dt.22l6t202O inspite ofsubmitting proposals by the 2nd Respondent on par with his juniors w.e.f . 2Bl3l2O2Oand not implementing G.O.lr/s.No.424 G.A. (Serv.C) Dept 2SlSlt976 as iilegal,submitting proposals by the 2nd Respondent on par with his juniors w.e.f . 2Bl3l2O2Oand not implementing G.O.lr/s.No.424 G.A. (Serv.C) Dept 2SlSlt976 as iilegal,arbitrary and violation of Article 14, ['16 ]and 21 of Constitution of lndia andconsequently declare that the petitioner is entitled for promotion in the cadre ofAssislant conservator of Forests w.e.f . 281312020 with all consequential benefits inthe interests of justicethe interests of justice lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to issuelnterim Direction directing the respondent to forthwith consider the case of thethe affidavit filed in support of the petition, the High Court may be pleased to issuelnterim Direction directing the respondent to forthwith consider the case of thepetition for notional promotion to the post of Assistant Conservator of Forests w.e.f.281312020 duly considering the representation dt.3/7/2020 as per G.O.lMs.No.424 GA(Serv.C) Dept dt.2515/1976 pending disposal of the RevisionCounsel for the Petitioner: SRI P. V. RAMANA281312020 duly considering the representation dt.3/7/2020 as per G.O.lMs.No.424 GA(Serv.C) Dept dt.2515/1976 pending disposal of the RevisionCounsel for the Petitioner: SRI P. V. RAMANA

Counsel for Respondents: GP FOR SERVICES - |

The Court made the following: ORDER

HON'BLE [SRI ]JUSTICE [ABHINAND ][KUMAR ][SHAVILI]

W.P.No.22473 [of ][2020]

ORDER

This Writ Petition [is ][Iiled ][seeking the ][follorving ][relief:]

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ttto issue a rvrit, order or <iirection more in the [nttture ][()f]Mrndamus declrring [the action ][of ][the ][1" ][respondent in]not granting [notional promotion ][to ][the ][Post ][of ][Assistant]Conservator [of ][Forests ][to ][the petitioner ][after dropping]Disciplinary [Proceedings ][in ][G'O'Rt'No'65 EFS and T](FOR.IID Dept [dt ][22'6'2020 ][in ][spite ][of ][submitting]ptoposals by [the ][2'd ][respondent ][on ][par ][with ][his iuniors]w.e.f 28/3/2020 [and ][not ][implementing ][G'O'Ms'No'424]G.A (Serv'C) [Dept ][25/5/1976 ][as ][illegal' arbitary ][and]violation ofArticles [74,16 ][and ][21 ][of Constitution of ][India]and consequently [declare ][that the ][Petitioner ][is ][entitled]for promotion [in ][the ][cadre ][of ][Assistant Consen'ator ][of]Forests rv.e.f28/3 /ZOZO [wittt ][all ][conse<luential ][bcnefits in]the interests [of ]iustice [and ][to ][pass ][such other ][ordcr ][or]ordets as this [Hon'ble Fligh ][Court ][nrat'dccm ][fit ][ancl]prt-rper in the [citctlrnstances of ][tlre casc ]["]

Heard Sri [P.V.Ramana' ][learned ][colrnsel appezlring for]the petitioner [and learned Government Pleader ][for ][sen'ices-I]appearing for [the ][resPondents.]

It is the case of [the ][petitioner that that ][he ][is ][rvorking ][as]Offrcer. [He is ][fully ][eligible ][and ][promoted ][to ][the]Forest Range post of Assistant Conservator [of ][Forests. ][While so, ][the]disciplinary authority [had ][initiated ][disciplinary ][proceedings]against him and [issued]acharge sheet on[19.06.2019, ][for]rvhich, the petitioner has [submitted ][his ][exPlanation' ][After]

conducring detailed enquiry, the disciplinary aurhoritysubmittcd its report staring that the charges levelled againstthe petitioner wcre not proved. Based on the said report, the1., respondent vrde G.O.Rt.No.65, dated 22.06.2020 droppedthc charge s against thc petitioner.

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The grievance of the petirioner is that during pcndencvof thc disciplinary proceedings, many of his iuniors have beenpromoted to the post of Assistant Conservator of Forests. Afterdropping of charges, the petitioner has submittedaof thc disciplinary proceedings, many of his iuniors have beenpromoted to the post of Assistant Conservator of Forests. Afterdropping of charges, the petitioner has submittedarepresentation on 03.07.2020 to the 2nd respondent to promotehim as Assistant Conservator of Forests on par with hisjuniors in terms of G.O.Ms.No.424 G.A (Ser.C) Dept, dated25.05.197 6, But, so flar, no orders have bcen passcd thereon, Learncd counsel appcaring for the pctitioner sultmitsthnt appropriate orde rs be passed in the rvrit petition dircctingthnt appropriate orde rs be passed in the rvrit petition dircctingthe 2ud rcspondent to consider the representation subrnitted bvthe petitioner on 03.07.2020 by duly taking into considcrationG.O.Ms.No.424 G.A (Ser.C) Depr, dated 25.05.197G.G.O.Ms.No.424 G.A (Ser.C) Depr, dated 25.05.197G.

Learned Governmenr Pleader appearing for therespondents contended that since the representation of thepetitioner is pending with the 2"d respondent, the 2"drespondent would consider the same and pass appropriateorders in aet'crrdance r.vith law.

considered [the rival ][submissions made ][by ][thc]Having lcarned counsel [on ][either side, ][this ][Writ ][Petition ][can ][be]disposed of directing [the ][2"d ][respondent ][to ][consider ][the]representation [dated ][03.07.2020 ][submitted ][by ][the ][petitioner]and pass [appropriate ][orders ][by duly taking ][into ][consideration]G.O.Ms.No.424 G.A [(Ser.C) ][Dept, ][dated ][25'05'1976', ][within ][a]period of eight [weeks ][from ][the ][date ][of receipt of ][a ][copy of this]order.

Accordingly, the Writ Petition [is ][disposed ][of. ][No ][costs']

Miscellaneous petitions, if [an,v, ][pending ][shall ][stand]closcd,

eD/.K.AMMAJIRARASSIST[ANT ][REGIS]SECTION [OFFICER]RARASSIST[ANT ][REGIS]SECTION [OFFICER]

//TRUE [COPY//]

to'',. ,n" Principal Chief Conservator of Forests' Aranya [Bhavan' Saifabad']

, 6 Bll Y'j'il #?i 66.'i" [triP ][cp ][For ][V Ramana ][Services' High Court tor ][AQr199aLe ][ro:!gJ^^ ][Ine]State or [reransana ][[oUr]]4. Two [CD CoPies]IVBC

DATED: [3111212020]

STA1r.rEIgoo0I ,uN [2021]()*F:.ic'.r.TORDER

WP.No.22473 [of ][2020]

DISPOSING OF [THE ][WRIT ][PETITION]

WITHOUT COSTSLe?i

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