Ch.M.M.Krishna Prasad v. The State Of Telangana And Another

HIGH COURT FOR 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 WRIT PETITION NO: 22473 OF 2020 Betwee n Ch IV.tV.Krishna Prasad, S/o.Yatirajan, Ag_e 38 years, Working as Foresl Range Officer, 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,

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

RESPONDENTS Petition under Article 226 of the Constitution of lndia 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 in the nature of l\ilandamus declaring the action of the 1st 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 & T (FOR.lll) Dept. dt.22l6t202O inspite of submitting proposals by the 2nd Respondent on par with his juniors w.e.f . 2Bl3l2O2O and 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 and consequently declare that the petitioner is entitled for promotion in the cadre of Assislant conservator of Forests w.e.f . 281312020 with all consequential benefits in the interests of justice lA NO: 1 OF 2020 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 to issue lnterim Direction directing the respondent to forthwith consider the case of the petition 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 Revision Counsel for the Petitioner: SRI P. V.

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.22473 of 2020

ORDER

This Writ Petition is Iiled seeking the follorving relief: 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 Forest Range Offrcer. He is fully eligible and promoted to the post of Assistant Conservator of Forests. While so, the disciplinary authority had initiated disciplinary proceedings against him and issued charge sheet on 19.06.2019, for a rvhich, the petitioner has submitted his exPlanation' After

conducring detailed enquiry, the disciplinary aurhority submittcd its report staring that the charges levelled against the petitioner wcre not proved. Based on the said report, the 1., respondent vrde G.O.Rt.No.65, dated 22.06.2020 dropped thc charge s against thc petitioner.

The grievance of the petirioner is that during pcndencv of thc disciplinary proceedings, many of his iuniors have been promoted to the post of Assistant Conservator of Forests. After dropping of charges, the petitioner has submitted a representation on 03.07.2020 to the 2nd respondent to promote him as Assistant Conservator of Forests on par with his juniors in terms of G.O.Ms.No.424 G.A (Ser.C) Dept, dated 25.05.197 6, But, so flar, no orders have bcen passcd thereon, Learncd counsel appcaring for the pctitioner sultmits thnt appropriate orde rs be passed in the rvrit petition dirccting the 2ud rcspondent to consider the representation subrnitted bv the petitioner on 03.07.2020 by duly taking into considcration G.O.Ms.No.424 G.A (Ser.C) Depr, dated 25.05.197G. Learned Governmenr Pleader appearing for the respondents contended that since the representation of the petitioner is pending with the 2"d respondent, the 2"d respondent would consider the same and pass appropriate orders in aet'crrdance r.vith law.

J Having considered the rival submissions made by thc 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.AMMAJI ASSISTANT REGIS RAR //TRUE COPY// SECTION OFFICER to'',. ,n" Principal Chief Conservator of Forests' Aranya Bhavan' Saifabad' , Bll #?i triP V Ramana AQr199aLe ro:!gJ^^ State or reransana [oUr] 6 Y'j'il 66.'i" cp For Services' High Court tor Ine

4. Two CD CoPies IVBC

HIGH COURT DATED: 3111212020 TA r.rE Ig S 0I ,uN 2021 oo () * :.i .r.T c'

ORDER

WP.No.22473 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Le?i