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2023 DIGILAW 518 (TS)

V. Ravi Kumar v. State of Telangana

2023-07-18

SUREPALLI NANDA

body2023
JUDGMENT : Heard the Counsel for the Petitioner. Heard the Learned Government Pleader for the Respondents. PERUSED THE RECORD : 2. The prayer sought by the Petitioner in the writ petition is as follows : “to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus to declare the action of third respondent in issuing impugned speaking orders vide Rc. No. 3808/2016/M2 dated 13.06.2017 with regards to the W.P. No. 7141 of 2017 filed by the petitioner before this Honble Court on the ground that petitioners request cannot be considered for promotion to the Deputy Range Officer though petitioner was fully eligible and qualified as arbitrary illegal and against the principles of natural justice and set aside the same and consequently direct the respondents to promote the petitioner to the post of Deputy Range Officer with retrospective effect ie., from the date the officer at serial No.22 who is junior to petitioner and was promoted vide Rc No 3649/2002/M2 dated 07.10.2014 by third respondent with all consequential benefits 3. The order passed in W.P.No.7141 of 2017 is as follows : “Petitioner claims that he is eligible for promotion as Deputy Range Officer. Praying to grant promotion as Deputy Range Officer, petitioner made representations on 18.10.2014 and again on 02.06.2016. The grievance of the petitioner is that the said representations are not considered so far and no decision is taken by the respondent authorities, causing lot of hardship and suffering. 2. Since the petitioner contends that the representations made by him praying to grant promotion are yet to be acted upon, this Court is not inclined to entertain the Writ Petition and keep the same pending. 3. The Writ Petition is accordingly disposed of, without expressing any opinion on merits, directing the Conservator of Forests, Medak Circle, Madak, the 4th respondent, to examine the claim of the petitioner and pass appropriate orders by assigning due reasons in support of his decision, if not already made, within a period of two months from the date of receipt of a copy of this order, and communicate the said decision to the petitioner. There shall be no order as to costs.” 4. There shall be no order as to costs.” 4. The Proceedings impugned dated 13.06.2017 passed by the 3rd Respondent - Chief Conservator of Forests, Nizamabad Circle, Nizamabad, reads as under : In obedience to the orders issued by the Hon'ble High Court (for the state of Telangana and Andhra Pradesh). Hyderabad vide reference 2nd cited, Sri V.Ravi Kumar, Forest Section Officer, Gummadidalla Section of Sangareddy Range and District of Medak Circle is informed that, the request for promotion to the category of Dy. Range Officer has been examined with reference to the rules in vogue. The Divisional Forest Officer, Medak has not recommended for your selection to the category of Dy. Range Officer during the panel years 2013-14, 2014-15 & 2015-16 since you have not undergone full course of training in Forest Section Officer (Forester) during the panel years at TS Forest Academy, Dualapally. Further you have undergone the Forester training course for the year 2014-15 (15 Batch) at TS Forest Academy, Dulapally, Hyderabad commenced from 08.10.2014 to 30.09.2015. As per para 6 (b) of AP. State Sub-ordinate Service Rules 1996, which states that "1" September of the year shall be reckoned as the qualifying date to determine the eligibility of the candidate for promotion as such the candidature was not considered for promotion to the category of Dy. Range Officer during the panel years 2013- 14, 2014-15 & 2015-16. Further as per Rule-5 of Telangana Forest Subordinate Service Rules, 2000, the Forest Section Officer must have successfully undergone the full course of Training in Forestry in the AP School of Forest or any other training institution recognized by the Government of Andhra Pradesh or run by the Forest Department". In view of the above, your request for promotion to the category of Dy. Range Officer cannot be considered at this juncture. However your case will be examined during the next panel year i.e., 2016-17 as per your seniority and eligibility as on 1st Sep. 2016 as per rules subject to the availability of the vacancy. 5. The 5th respondent filed counter affidavit, in particular, the relevant portion of the said counter affidavit reads as under: “Further, it is respectfully submitted that, as per Rule 5 of Telangana State and Subordinate Service Rules 2000 that "No person shall be eligible for appointment/promotion to the category of Dy. 5. The 5th respondent filed counter affidavit, in particular, the relevant portion of the said counter affidavit reads as under: “Further, it is respectfully submitted that, as per Rule 5 of Telangana State and Subordinate Service Rules 2000 that "No person shall be eligible for appointment/promotion to the category of Dy. Range Officer from the feeder category of Forest Section Officer unless he possess the following qualification: (i) Must possess minimum General educational qualification. ii. Must have successfully undergone the full course of Training in Forestry in the AP School of Forestry or any other training institution recognized by the Government of AP or run by the Forest Department. In this regard it is respectfully submitted that, as per Rule 6(b) of Telangana State and Subordinate Service Rules 1996 the Respondent No.3 i.e. Chief Conservator of Forests, Nizamabad Circle, Nizamabad has called for the panel during the year 2015-16 (w.e.f. 01.09.2015 to 31.08.2016) to promote the eligible Forest Section Officers to the category of Dy. Range Officer. In this case the petitioner as on 01.09.2015 was not eligible for promotion as he is undergoing training as Forest Section Officer in TS Forest Academy. Dulapally, Hyderabad (15th Batch) i.e. 08.10.2014 to 30.09.2015. As such the Divisional Forest Officer, Medak respondent No.5 has submitted the panel to the Respondent No.3 i.e. Chief Conservator of Forests, Nizamabad Circle, Nizamabad not considering the petitioner for the promotion during the panel year 2015- 16. Basing on the recommendations of the Divisional Forest Officer, Medak and after examining the panel with reference to the Rules the Respondent No.3 i.e. Chief Conservator of Forests, Nizamabad Circle, Nizamabad the petitioner was not considered for the promotion of the petitioner during the panel year 2015-16 because he was not completed training for which he is not eligible for promotion to the post of Dy. Range Officer. DISCUSSION AND CONCLUSION : 6. Rule 6(b) of Telangana State Subordinate Service Rules, 1996 says that, “the panels for promotion shall be prepared ordinarily during the month of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). Range Officer. DISCUSSION AND CONCLUSION : 6. Rule 6(b) of Telangana State Subordinate Service Rules, 1996 says that, “the panels for promotion shall be prepared ordinarily during the month of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). 1st September of the year shall be reckoned as the qualifying date to determine the eligibility of a candidate for such appointment which shall cease to be in force on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier and for the purpose of preparing the said panel, the zone of consideration shall be in the ratio of 1:3. The period from 1st September of the year to the 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel”. 7. Rule 5 of the Telangana Forest Subordinate Service Rules, 2000 says that “no person shall be eligible for appointment/promotion to the category of Dy. Range Officer from the feeder category of Forest Section Officer unless he possess the following qualification : i. Must possess minimum general educational qualification. ii. Must have successfully undergone the full course of Training in Forestry in the A.P. School of Forest or any other training institution recognized by the Government of Andhra Pradesh or run by the Forest Department. 8. As per the averments made in the counter affidavit filed by Respondent No.5 in the present writ petition, as per Rule 6(b) of the Telangana State Subordinate Service Rules, 1996, the Respondent No.3 herein, called for the panel during the year 2015-16 (w.e.f., 01.09.2015 to 31.08.2016) to promote the eligible Forest Section Officers to the category of Deputy Range Officers and the Petitioner’s case was not considered for promotion as on 01.09.2015 since the Petitioner was not eligible for promotion as he was undergoing training as Forest Section Officer in Telangana Forest Academy, Dulapally, Hyderabad (15th Batch). The same had been stated in the speaking orders dated 13.06.2017 in Rc.No.3808/2016/M2 of the 3rd Respondent herein i.e., Chief Conservator of Forests, Nizamabad Circle, Nizamabad, impugned in the present writ petition which had been passed in compliance to the directions of this Court dated 03.03.2017 passed in W.P.No.7141 of 2017 and this Court opines that there is no infirmity or illegality in the said proceedings which warrants interference by this Court. 9. The order impugned in the present writ petition dated 13.06.2017 in Rc.No.3808/2016/M2 passed by the 3rd Respondent herein in the last paragraph very clearly observed that the Petitioner’s case will be examined during the next panel year 2016-17 as per Petitioner’s seniority and eligibility, as on 1st September, 2016 as per Rules subject to the availability of the vacancy. Taking into consideration the said averments, the writ petition is allowed directing the Respondents to consider the Petitioner’s case for promotion to the category of Deputy Range Officer, if not all ready considered, during the next panel year i.e., 2023-24, as per seniority and eligibility as on 1st September, 2023, as per Rules subject to the availability of the vacancy, and pass appropriate orders duly communicating the same to the Petitioner. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.