Andhra Pradesh High Court - Amravati
Heard N. Vijay vs Service Commission on 3 July, 2023
1
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
&
THE HON'BLE SRI JUSTICE DR.K. MANMADHA RAO
WRIT PETITION No.14148 OF 2023
JUDGMENT(per Hon'ble Sri Justice Ravi Nath Tilhari)
Heard N. Vijay, learned counsel for the petitioner, Sri
J.U.M.V. Prasad, learned standing counsel for the Union Public
Service commission, learned Government Pleader for Forest
appearing for the respondents 2 and 4, the learned Government
Pleader for General Administration Department appearing for
the respondent No.3.
2. Sri B. Venkataratnam, learned counsel has filed
I.A.No.2 of 2023 to implead the proposed respondents 6 to 12,
on the ground that they are the parties interested in the subject
matter with respect to the process of selection to the cadre of
Indian Forest Services (IFS) for promotion for the years 2014-
2021.
3. Sri B. Venkataratnam, submitted that the implead
petitioners/the proposed respondents 6 to 12, though not party
in O.A.No.325 of 2023 pending before the Central
Administrative Tribunal, Hyderabad (for short „Tribunal) filed by
the writ petitioner, but they were heard before the Tribunal and
they propose to get their impleadment in the O.A.
4. Sri N. Vijay orally opposed I.A.No.2 of 2023.
5. Considering the aforesaid, instead of deciding I.A.No.2
of 2023 on merits as also without observing on the merits or
otherwise of I.A.No.2 of 2023, in view of the submission
advanced that the proposed respondents though not parties in
the O.A, but were heard before the Tribunal, we heard Sri B.
Venkataratnam as well.
6. Learned counsel for the petitioner submitted that the
petitioner was working as Forest Reserve Officer (FRO). The
petitioner applied for the post of Assistant Conservator of Forest
(ACF) pursuant to the notification vide advertisement
No.23/2007 issued by the Andhra Pradesh Public Service
Commission (APPSC). The merit list of the selected candidates,
was issued on 10.06.2010 in which the petitioner was at Serial
No.11 and was selected. Pursuant to the communication made
the petitioner submitted all the documents in June, 2010. The
petitioner‟s caste certificate of Schedule Tribe (ST) was sent to
the Commissioner of Tribal Welfare Department for verification
which was referred to the District Level Scrutiny Committee,
East Godavari District at Kakinada (DLSC). After a thorough
enquiry, the District Collector vide letter dated 19.03.2018
confirmed that the Caste Certificate was genuine. The 2nd
respondent issued a memo on 26.09.2018 instructing the
department to issue posting order, which was issued on
06.10.2018. The petitioner completed the training and the
probation by November, 2022.
7. Learned counsel for the petitioner further submitted
that in the meantime the persons who were selected along with
the petitioner as Assistant Conservator of Forests (ACF) were
promoted as Deputy Conservator of Forests (DCF) in the year
2016. On the petitioner‟s various representations to fix his
seniority on the basis of his merit rank and roaster point, from
2010, as the delay in appointment was not on account of any
fault of the petitioner, the 2nd respondent vide memo dated
13.04.2022 directed the 4th respondent to determine his
seniority and submit the proposal for petitioner‟s promotion as
DCF at par with his juniors. He further submitted that as per
the memo dated 13.04.2022, the 2nd respondent stated that the
petitioner is belonging to 2010 batch and only the inter se
seniority amongst the batch was to be finalized. On such memo
dated 13.04.2022, immediate action was not taken, but the 4th
respondent issued a letter dated 13.10.2022 calling for the
details of officers mentioned therein including the petitioner‟s
junior for promotion of State Forest Service Officers (SFSO) to
Indian Forest Service (IFS). He submitted that a final seniority
list of ACFS were issued on 06.01.2023 but the seniority of the
petitioner was not fixed, and separately it was mentioned that
the petitioner‟s seniority will be finalised in due course.
8. The petitioner filed O.A.No.325 of 2023 before the
Central Administrative Tribunal at Hyderabad (TS) inter alia on
the averments mentioned above, in which he prayed for interim
relief to direct the respondent No.5 therein UPSC, not to finalise
the recommendations for the post of IFS.
9. The Tribunal, vide the impugned order dated
05.06.2023 was not inclined to pass any interim order at that
stage and directed the respondents to file their response within
four weeks time, fixing the matter for 06.07.2023.
10. Learned counsel for the petitioner submitted that the
Tribunal ought to have granted the interim order as in his
submission the petitioner has got prima facie case and the
persons junior to him were recommended for promotion to IFS.
He submitted that as per Regulation No.5 of the Indian Forest
Service Appointment by Promotion Regulation, 1977 (in short
the Regulations), the petitioner fulfils the requisite qualification
for being included in the list of promotion of suitable officers
from the State Forest Service (SFS) as he has completed not less
than 8 years of continuous service in the post included in the
State Forest Service.
11. He submitted that without fixing and finalising the
petitioner‟s seniority, in spite of memo dated 13.04.2022,
forwarding of the list of the persons for promotion to IFS
including the juniors to the petitioner is violative of the
petitioner‟s right under Article 14 and 16 of the Constitution of
India.
12. Sri B.Venkataratnam submitted that the petitioner is
not eligible and does not fulfil the criteria under the Regulation.
In his submission the petitioner has not completed 8 years of
continuous service as the petitioner‟s appointment order was
issued in the year 2018. The proposed respondents were
promoted to DCF. He further submitted that the writ petition is
not maintainable against the impugned order dated 05.06.2023.
13. In the impugned order dated 05.06.2023, it is
mentioned "Mr. K. Ajay Kumar, learned standing counsel for
UPSC argued that the select list of candidates for the promotion
to IFS cadre for the year 2014 to 2021 is finalised".
14. Sri J.U.M.V. Prasad, learned standing counsel for
UPSC on the basis of instructions dated 23.06.2023 submitted
as under:
"........the State Government has submitted the proposal
for preparation of year wise Select List of 2013 to 2019 for
promotion to IFS of Andhra Pradesh Cadre (no proposal
for preparation of Select List of 2020 onwards has been
submitted by the State Government). The proposal
submitted by the State Government is deficient and latest
deficiency letter has been issued on 20.06.2023. In view
of incomplete proposal, the SCM for preparation of year
wise Select List of 2013 to 2019 has not yet been
convened."
15. The interim prayer of the petitioner sought in O.A.
No.325 of 2023 was to direct the respondent No.5 (UPSC) not to
finalise the recommendations for the post of IFS.
16. The petitioner‟s interim prayer has yet not been
rejected by the Tribunal by the impugned order, but the
Tribunal has granted time to the respondents therein to file the
response and has fixed a date 06.07.2023.
17. We are of the considered view, that since O.A.No.325
of 2023 is pending adjudication before the Tribunal, it would
not be appropriate to run the parallel proceedings in the
exercise of writ jurisdiction.
18. Even as per the submission of the learned standing
counsel for U.P.S.C, the proposal submitted by the State
Government is deficient and incomplete and the Selection
Committee Meeting (SCM) for preparation of year wise selection
list of 2013 to 2019 has not yet been convened.
19. Consequently, without observing anything on the
merits of the submissions advanced by the learned counsels for
the parties, we dispose of this writ petition with direction to the
Tribunal that it shall consider the interim prayer of the
petitioner and pass appropriate order on the date fixed i.e,
06.07.2023. If for some unavoidable reason it is not so
possible, the same shall be considered positively within a week
thereafter.
20. In view of the submission made by the learned
counsel for UPSC, we expect the respondent No.5 to wait, the
finalisation of the proposal pending before it, till 13.07.2023 or
till disposal of the interim prayer by the Tribunal whichever is
earlier.
21. It is clarified that we have not observed anything on
the merit or demerit of the case of any of the parties nor with
respect to the grant of interim prayer.
22. The Writ Petition is disposed of finally with the above
observations.
23. No order as to costs.
Consequently, the miscellaneous petitions, if any, pending
in the petition shall stand closed.
_________________________
RAVI NATH TILHARI, J
____________________________
Dr. K. MANMADHA RAO, J
Date:03.07.2023
Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
&
THE HON'BLE SRI JUSTICE DR.K. MANMADHARAO
WRIT PETITION No.14148 OF 2023
Date:03.07.2023
Gk
