IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELVTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 16222 of 2007 Between: 1 Principal Chief Conservator of Forests, Andhra pradesh, Aranyabhavan, Hyderabad. 2 Conservator of Forests, Anantapur Circle, Anantapur. 3 Divisional Forest Officer, Chittoor West Division, Chittoor. ..... PETITIONERS AND Sri G. Sambasivachari, S/o. Late G. Venkatarathnamachari, Social Forestry Division, Chittoor. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with the order dated 20-6-2007 in O.A.No. 3159 of 2007 on the file of the Hon'ble A.P. Adminstrative Tribunal, Hyderabad and to quash or set-aside the same by holding the same as erroneous and contrary to law to pass such order or further orders as deem fit and proper in the circumstances in the case. Counsel for the Petitioners:GP FOR SERVICES I Counsel for the Respondent : SRI N. SUBBA REDDY. The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 16222 of 2007 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order, dated 20.6.2007 passed by the A.P. Administrative Tribunal in O.A.No.3159 of 2007. The respondent herein is the applicant before the Tribunal. He filed the above O.A. seeking to declare the proceedings of the 2nd respondent dated 29.8.2006 in promoting the 4th respondent and in proposing to promote the 5th respondent, who are juniors to the applicant, as Deputy Range Officers, by ignoring the claim of the applicant, as arbitrary and consequently, to direct the respondents to consider his claim. The tribunal having observed that the Post of Deputy Range Officer is a non-selection post and under Rule 6 of A.P. state and Subordinate Service Rules, the question of preparation of panel arises only for selection post and as per Special Rules, the promotion to the post of Deputy Range Officer from Foresters is to be given on the basis of seniority cum efficiency and that pendency of charges is not at all a bar for affecting promotion to the non selection post and that apart, the charges were framed in the year 2001 and the enquiry report was submitted in 2002, but till now no orders are passed and therefore, the applicant ought to have been promoted as Deputy Range Officer on the date when his junior was promoted irrespective of pendency of charges, allowed the O.A. and directed the respondents to review the matter and consider the case of the applicant for promotion to the post of Deputy Range Officer from the date of promotion of his junior, irrespective of pendency of charges and pass necessary orders within a period of two weeks from the date of receipt of a copy of the order. Heard the learned Government Pleader and the learned Counsel appearing for the respondent-applicant and perused the material available on record. Before going to deal with the case on hand, it is pertinent to note that on 31.7.2007 while admitting the writ petition, this Court granted interim suspension of the order of the tribunal. In view of the facts and circumstances of the case and in view of the fact that the enquiry pertains to the year 2001 and a show cause notice has also been issued on 4.1.2006 to the applicant in connection with the enquiry report, without expressing any opinion on the merits of the case, We feel it appropriate to direct the petitioners-authorities to pass final orders in connection with the enquiry pending against the applicant, within a period of eight (8) Weeks from today. However, it is needless to observe that in case, the applicant is exonerated for the charges levelled against him, the order of the tribunal becomes operative. Subject to the above observations, this writ petition is disposed of. _____________________ Justice T. Meena Kumari ___________________ Justice G. Chandraiah Date: 12th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 16222 of 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 12/03/2008