HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE P. SWAROOP REDDY WRIT PETITION NO. 25892 OF 2010 Between: The State of Andhra Pradesh represented by its Special Chief Secretary to Government and three others ………….Petitioners AND Sri R. Limba Reddy S/o Ganga Reddy and one another ………….Respondents ORDER : (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records relating to order dated 10.6.2010 passed in O.A.No. 6803 of 2007 on the file of Andhra Pradesh Administrative Tribunal, (for short ‘the Tribunal’) Hyderabad. O.A.No. 6803 of 2007 was filed by the first respondent-applicant herein challenging the Government Memo dated 5.5.2007, wherein the first petitioner herein rejected the request of the respondent-applicant for promotion to the post of Forest Section Officer even though the Government given such promotion not only to similarly situated persons but also to persons who acquired such qualifications subsequent to the applicant. The Tribunal disposed of the O.A directing the respondents therein to reconsider the case of the applicant and promote him as Forester/Forest Section Officer from the date of his eligibility and fitness etc and pass appropriate orders within a period of three months from the date of receipt of a copy of the order. Aggrieved by the same, the present Writ Petition is filed by the Government. Brief facts of the case are that the first respondent-applicant was initially appointed as Forest Guard (re-designated as Forest Beat officer) on 21.4.1985 and the said post is a feeder category. For the post of Forester/ Forest Section Officer the first respondent-applicant is fully eligible and qualified for promotion to the said post. As per Note to Rule 5 of A.P. Forest Subordinate Service Rules, issued in G.O.Ms.No. 494 Forests, Animal Husbandry and Fisheries Department dated 4.12.1986, the Forest Guard/ Forest Beat Officer who stands first in the final examination in the Forest Guards Training at A.P. School of Forestry, Yellandu, shall be eligible for promotion as Forester/Forest Section Officer. It is stated that the first respondent-applicant secured 2nd rank in forest Guards Training held during 1988-89 and the Government by exercising its power relaxed the rules and promoted Mr. P. Odelu, Mr. B. Babu, Mr. V. Surender Rao who secured 2nd rank ndMr. C. Ganganna who secured 3rd rank in the training as Foresters. Therefore, the first respondent-applicant made a representation to the 1st petitioner-Government in the year 1994 but the 4th petitioner issued proceedings dated 25.5.1994 informing that his representation has been rejected by the Government without mentioning any reasons. The first respondent-applicant also made a further representation dated 1.1.2007 to the Government –first respondent requesting to relax the rules in his favour and to promote him as Forester, but his request was rejected through the impugned Memo dated 5.5.2007. Aggrieved by the same, he preferred O.A and the same was disposed of. The learned Government Pleader for Services-I, appearing for the petitioners submits that it is the prerogative of the competent authority to relax the Rule wherever necessary after examining the individual case. The relaxation given to a particular candidate cannot be quoted as precedent case for others. He also submits that since such orders were issued to a particular person depending on the merits of the individual case, every 2nd Rank holder cannot be given relaxation. The relaxation is given or rejected in each case based on the merit of the case, discretionary power are invoked for giving relaxation. Heard the learned counsel and perused the entire material made available on record. As seen from the record, it is no doubt true that the first respondent-applicant secured 2nd rank in Forest Guards Training held during the year 1988-89 and the Government has power to relax the rules and give promotion to the eligible and qualified candidates. It is also on record, that the Government relaxed the rules and given promotions to similarly situated persons but whereas it rejected the representation made by the first respondent-applicant without giving any reasons. But the Tribunal straightaway directed the respondents therein to reconsider the case of the first respondent-applicant by exceeding its limit. Therefore the order passed by the Tribunal is modified as under: Without going into the merits or otherwise of the matter, petitioners are directed to reconsider the case of the first respondent-applicant and pass appropriate orders mentioning clearly reasons for the same with regard to his promotion as Forest Section Officer from the date of his eligibility. Such orders must be passed within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ________________________ GHULAM MOHAMMED,J _______________________ P. SWAROOP REDDY,J DATE: 28.10.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.