Telangana High Court
Divisional Forest Officer, Paloncha ... vs B.Shankar, on 4 November, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition No.6635 of 2015
ORDER :(Per Hon'ble Justice Abhinand Kumar Shavili) This Writ Petition is filed under Article 226 of the Constitution of India aggrieved by the orders passed by the Andhra Pradesh Administrative Tribunal ( for short, the 'Tribunal'), Hyderabad in O.A.No. 8828 of 2011, dated 17.06.2014.
Heard learned Government Pleader for Services-III appearing for the petitioners and R.Satyanarayana Murthy, learned counsel appearing for the respondent No.1.
It has been contended by the petitioners that the respondent No.1 was working as a Forest Beat Officer and he was challenging the promotions effected to the post of Forest Section Officer vide proceedings dated 11.11.2011 and sought further direction to follow G.O.Ms.No. 93 dated 22.04.1997 while effecting promotion to the post of Forest Section Officer when the grievances of the respondent No.1 could not be resolved, the respondent No.1 has approached the Tribunal by filing O.A.No. 8828 of 2011, and the Tribunal vide order dated 17.06.2014 was pleased to dispose of the O.A. in favour of the respondent No.1 , directing the petitioners to consider the case of respondent No.1 for promotion along with others; therefore, appropriate orders may be passed in the writ petition by setting aside the order passed by the Tribunal in O.A.No. 8828 of 2011 dated 17.06.2014 and allow the writ petition.
The learned counsel appearing for the respondent No.1 had contended that the Tribunal has merely directed the petitioners to consider the case of respondent No.1 for promotion to the post of Forest Section Officer; considering for the post of promotion is a fundamental right of an employee and the Tribunal has merely directed the petitioners to consider the case of respondent No.1 if the respondent No.1, is coming within the zone of consideration and as a local candidate. Moreover, the learned counsel appearing for the respondent No.1 had further contended that no interim suspension was granted suspending the operation of Tribunal's order. Therefore the Tribunal has merely directed the petitioners to consider the case of respondent No.1 and no interference is called for and the present writ petition is liable to be dismissed.
This Court having considered the rival submission made by the parties is of the considered view that the Tribunal has merely directed the petitioners to consider the case of respondent No.1 for promotion to the post of Forest Section Officer. Therefore, Considering for the post of promotion of an employee is a fundamental right. Therefore, this court is not inclined to interfere with the orders passed by the tribunal.
Accordingly, the Writ Petition is dismissed. No costs. As a sequel, miscellaneous applications pending if any, in this Writ Petition, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J ______________________________________ NAMAVARAPU RAJESHWAR RAO, J Date : 04.11.2022 Lk/myk