Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh vs G.Gnana Prakasa Rao on 6 October, 2021
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No. 630 of 2021
(Taken up through video conferencing)
The State of Andhra Pradesh, rep. by its
Secretary, Environment, Forest, Science and
Technology Department, Government of A.P.,
Velagapudi, Guntur District and another .... Appellants
Versus
G. Gnana Prakasa Rao, S/o Mariadas,
aged 57 years, Forest Range Officer,
Yerragondapalem Range, Markapur (WL)
Division, Prakasam District. .... Respondent
Counsel for the appellants : Mr. N. Aswartha Narayana
Government Pleader for Services-I
Counsel for the respondent : Mr. K. Sudhakar Reddy
ORAL JUDGMENT
Dt.06.10.2021
(Per Arup Kumar Goswami, CJ)
Heard Mr. N. Aswartha Narayana, learned Government Pleader for
Services-I appearing for the appellants. Also heard Mr. K. Sudhakar Reddy,
learned counsel for the respondent.
2. This appeal is directed against the order dated 16.03.2021 passed in
W.P.No.310 of 2021, whereby the learned Single Judge directed review of
promotions already given, after issuing notice to the employees, who are
going to be affected by such review, in writing.
HCJ & NJS,J
W.A.No.630 of 2021
3. The writ petitioner is working as Forest Range Officer. For
promotion to the next higher cadre of Assistant Conservator of Forest, the
Departmental Promotion Committee (DPC) held a meeting on 31.08.2020.
Subsequently, a panel list was prepared, wherein the name of the petitioner
did not find place, on the ground of pendency of a disciplinary proceeding.
In such circumstance, the petitioner had approached this Court by filing a
writ petition numbered as W.P.No.15201 of 2020.
4. The learned Single Judge, on a detailed consideration and relying on
G.O.Ms.No.257, General Administration (SER.C) Department, dated
10.06.1999, disposed of W.P.No.15201 of 2020 by an order dated
31.08.2020 as follows:
"In view of these guidelines in G.O.Ms.No.257 General
Administration (SER.C) Department dated 10.06.1999, the
departments including the respondents/ departments herein are
bound to adhere to the guidelines and pass appropriate orders.
On the other hand, similar case was considered by the
department for promotional committee and issued
G.O.Rt.No.1427 General Administration (SC.C.) Department
dated 29.06.2018. Keeping in mind G.O.Rt.No.1427 General
Administration (SC.C.) Department dated 29.06.2018 and
G.O.Ms.No.257 General Administration (SER.C) Department
dated 10.06.1999, the Departmental Promotion Committee i.e.
the third respondent is directed to take appropriate action while
considering the candidature of this petitioner for promotion in
terms of G.O.Ms.No.257 General Administration (SER.C)
Department dated 10.06.1999 and the earlier order passed by the
Government in G.O.Rt.No.1427 General Administration (SC.C.)
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W.A.No.630 of 2021
Department dated 29.06.2018. Learned counsel for the petitioner
and learned Government Pleader for Services-I are permitted to
communicate this order by telephone to the Departmental
Promotion Committee immediately. No costs.
With the above direction, the writ petition is disposed of."
5. Despite the aforesaid order, the case of the petitioner was not
considered and in that circumstance, the petitioner filed W.P.No.310 of
2021, out of which this appeal arises.
6. The stand taken by the appellants/respondents in the writ petition is
that by the time the order of the Court was received, the meeting held by the
DPC was over. In that circumstance, the learned Single Judge took a view
that non-consideration of the order passed by the Court, by the DPC is not
illegal. However, as the promotions were already effected, they can be
reviewed in view of the order passed by the Court. On that ground, the
learned Single Judge passed the following order:
"However, government servants, who were already promoted,
are not parties before this Court. In those circumstances,
respondent No.2 is directed to review the promotions already
given, after issuing notice to the employees, who are going to be
affected by such review, in writing and complete the review of the
promotions within six (6) weeks from today. In the alternative,
the respondents are directed to give notional promotion to the
petitioners from the date when his juniors are promoted keeping
in view G.O.Ms.No.257 General Administration (SER.C)
Department dated 10.06.1999, subject to eligibility and satisfying
other requirements."
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W.A.No.630 of 2021
7. Mr. N. Aswartha Narayana, learned Government Pleader for
Services-I appearing for the appellants, has submitted that the case of the
petitioner was indeed considered and therefore, the direction contained in the
impugned order is not sustainable in law.
8. Learned counsel for the respondent/writ petitioner, on the other hand,
draws the attention of the Court to the order of the 2nd appellant
dated 26.10.2020 to show that there was no consideration of the case of the
petitioner by the DPC. The relevant portion of the said order dated
26.10.2020 reads as follows:
"Sri G. Gnana Prakash Rao, FRO has filed W.P.No.15201
of 2020 in the Hon'ble High Court of Andhra Pradesh with a
prayer to direct the DPC to consider his name without reference
to the Article of charge dt.17.07.2020. The Hon'ble High Court
in their orders, dt.31.08.2020, directed the respondents to
consider the candidature of the petitioner for promotion in terms
of G.O.Ms.No.257, General Administration (Ser.C) Department,
dt.10.06.1999 and the earlier order passed by Government in
G.O.Rt.No.1427, General Administration (SC.C) Department,
dt.29.06.2018. The Hon'ble Court permitted to communicate the
order by telephone to the DPC immediately. Accordingly, the
Government Pleader for Services has communicated the orders
of the Hon'ble High Court on the phone to the PCCF&HoFF,
A.P., in the afternoon of 31.08.2020.
It is informed that the DPC was concluded in the forenoon
of 31.08.2020 and the orders of the Hon'ble High Court were
intimated after the conclusion of the DPC meeting."
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W.A.No.630 of 2021
9. On perusal of the aforesaid order, it is evident that the case of the
petitioner was not considered by the DPC. In that view of the matter, we are
not inclined to interfere with the order of the learned Single Judge.
10. Accordingly, the Writ Appeal is dismissed. No order as to costs. As
a sequel, miscellaneous applications, if any, pending shall stand disposed of.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
CBS
HCJ & NJS,J
W.A.No.630 of 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No. 630 of 2021
6th October, 2021
CBS
