IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13903 of 2008 Between: R.S.G.S.Ram Singh S/o.Ram Singh O/o.Forest Range officer,G.B.M.Range,Nandyal Wildlife Divison, Kurnool District ..... PETITIONER AND 1 The Principal Chief Conservator of Forest, Andhra Pradesh Hyderabad 2 The Conservator of Forest,Ananthapur, Ananthapur District 3 The Conservator of Forest,Kurnool,Kurnool District 4 The Divisonal Forest Officer,Wildlife nandyal Kurnool District 5 Government of Andhra Pradesh, rep.by its Secretary Environment Forest Science & Technology,Department secretariat, Hyderabad .....RESPONDENT(S) 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 an appropriate writ order or direction more in the nature of writ of mandamus directing the respondents to consider the case of the petitioner for promotion to the post of Forest Range officer on the basis of inclusion of petitioner name in the panel year 2007-08 as per the proposals submitted by the Conservator of Forests,Kurnool circle,from feeder category of the Deputy Range Officer on par with his juniors without reference to the contemplated discilinary proceedings initiated through charge memo served on 25.1.2008 as per the law laid down by the Hon`ble Apex Court in Union of India Vs. Dr.(Smt) Sudhasaldhan reported in 1998 (1) Supreme Court 501 duly allowing the OA. 274 of 2008 dated 12.3.2008 on the file of Hon`ble AP Administrative Tribunal while declaring non-consideration of the petitioners case on un- contemplated departmental proceedings and non issuing of interim order by the Hon`ble AP Administrative Tribunal is illegal, arbitrary,against Article 14,16 and 21 of Constitution of India against Rule 20 of AP CCA Rules as well as against judgement of Hon`ble Apex court in Union of India Vs Dr.(Smt) Sudhasaldhan reported in 1998 (1) Supreme 501 and pass Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.13903 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner seeks a direction to the respondents to consider his case for promotion to the post of Forest Range Officer on the basis of inclusion of his name in the panel year 2007-2008, as per the proposals submitted by the Conservator of Forest, Kurnool Circle, from the feeder category of the Deputy Range Officer on par with his juniors, without reference to the disciplinary proceedings initiated through charge memo served on 25-1-2008 by allowing O.A.No.274 of 2008 on the file of Andhra Pradesh Administrative Tribunal. 2. There is no necessity of going into the details of the case. Learned counsel for the petitioner contended that though the petitioner’s name was included in the panel and the Departmental Promotion Committee constituted on 28-12-2007 considered his case as there were no charges, he ought to have been promoted, but the same was deferred on the ground that the disciplinary proceedings have been initiated. Learned counsel relied upon the decision of the Supreme Court in DEORAJ Vs. STATE OF MAHARASHTRA [1] and order of the Andhra Pradesh Administrative Tribunal in O.A.No.979 of 2008 dated 15-02-2008 in support of his contention. 3. In the circumstances and having regard to the fact that the O.A. was admitted as the counter was filed, we are not inclined to express any opinion on the merits of the case. It is for the Tribunal to consider the decisions relied upon by the petitioner and pass interim orders depending upon the merits of the case. Since the counter is filed, we direct the Tribunal to dispose of the interlocutory application within a period of one week from the date of receipt of this order. 4. The writ petition is accordingly disposed of at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 01-07-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} [1] 2004 (3) SUPREME 126