IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17055 of 2008 Between: 1 Y.Vidyasagar Rao S/o.Y.Narayan Rao Ramagundam Section, Karimnagar East Division, Karimnagar. 2 D.Satyanarayana S/o.D.Bhadraiah Rangapur Beat, Peddapalli Section, Karimnagar East Division, Karimnagar. 3 P.Ramaiah S/o.P.Narsaiah Gunjapadugu Beat, Peddapalli Section, Karimnagar East Division, Karimnagar. 4 K.Mallikarjun S/o.K.Narayana Kannala Beat, Ramagundam Section, Karimnagar East Division, Karimnagar. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Special Chief Secretary to Government,Environment, Forests, Science & Technology (For.V) Department, Secretariat, Hyderabad. 2 The Principal Secretary to Government, Government of Andhra Pradesh, Finance (W&M) Dept.,A.P. Secretariat, Hyderabad. 3 The Principal Chief Conservator of Forests, Aranya Bhavan, Saifabad, Hyderabad. 4 The Divisional Forest Officer, Karimnagar East Division, Karimnagar. .....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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned judgment in O.A.No.6175 of 2008, dt. 31.7.2008 of the Hon'ble A P Administrative Tribunal, Hyderabad as wholly illegal, arbitrary and unsustainable in law and consequently direct the respondents to effect transfers to the Petitioners in the stricter sense of G O Ms.Nos. 81 and 84, dt. 08.07.2008 and 19.07.2008 respectively by duly adhering to the cut off date as 1.4.2008 for arriving at the 3 year period of tenure at the same place and pass such other order or orders as are deemed fit and proper. Counsel for the Petitioners : MR.S.SHARAT KUMAR Counsel for the Respondent : GP FOR SERVICES I WRIT PETITION NO : 17056 of 2008 Between: 1 Mohd.Afazal Ali S/o.Mohammed Ali Gajulapally, Range Manthani Karimnagar East Division Karimangar 2 T.Jagadish S/o.T.Rajalingam Rudraram Bhupalapally Range Karimnagar East Divison,Karimnagar 3 K.Rajamouli S/o.K.Raja Ram Beat Adavi Sriram pur Range,Manthani Karimnagar East Divison,Karimnagar 4 R.Veeraiah S/o.Narsaiah Kalvacherla, Range Manthani Karimnagar East Divison,Karimnagar 5 M.Rajamouli S/o.Nagendraiah Beat Adavi Somanpally, Range Manthani Karimnagar East Divison,Karimnagar 6 D.Shanker S/o.Rajanarsaiah Beat Kansaipet, Range Manthani Karimnagar East Divison,Karimnagar 7 N.Odelu S/o.Hanumanthu Gopal Pur Beat Range Manthani Karimnagar East Divison,Karimnagar 8 A.Shankaraiah S/o.Anthaiah Bompally Range Manthani Karimnagar East Divison,Karimnagar 9 P.Wajiuddin S/o.Hameeduddin Beat Khammapally Range Manthani Karimnagar East Divison,Karimnagar 10 Meer Aftab Ali S/o.Muzaffar Ali Beat Arinda Range Manthani Karimnagar East Divison,Karimnagar ..... PETITIONER(S) AND 1 The Divisional Forest officer,Karimnagar East Division Karimnagar 2 The Principal Secretary to Government, Government of Andhra Pradesh, Finance (W&M),Department, AP Secretariat, Hyderabad 3 The Principal Chief Conservator of Forests, Aranya Bhavan,Saifabad, Hyderabad 4 The Divisional Forest officer,Karimnagar East Division Karimnagar .....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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the impugned judgment in OA.No.5555 of 2008 dated 31.7.2008 of the Hon`ble AP Administrative Tribunal, Hyderabad as wholly illegal, arbitrary, and unsustainable in law and consequently direct the respondents to effect transfers to the petitioners in the stricter sense of G.O.Ms.No.81 and 84 dated 8.7.2008 and 19.7.2008 respectively by duly adhering to the cut off date as 1.4.2008 for arriving at the 3 year period of tenure at the same place and pass appropriate orders in the interest of justice. Counsel for the Petitioners : MR.S.SHARAT KUMAR Counsel for the Respondent : GP FOR FORESTS WRIT PETITION NO : 17058 of 2008 Between: L. Durga Singh, S/o. Bal Singh, Social Forestry Division, Sangareddy, Medak District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. bytis Special Chief Secretary to Government, Environment, Forests, Science & Technology Department, Secretariat Buildings, Hyderabad. 2 The Principal Chief Conservatory of Forests, Government of Andhra Pradesh, Aranya Bhavan, Saifabad, Hyderabad. 3 The Conservator of Forests, Nizamabad, Nizamabad District. 4 The Divisional Forest Officer, Sangareddy Division, Social Forestry, Medak District. 5 State of Andhra Pradesh, Rep. byits Principal Secretary to Government, Finance Department, Secretariat Building, 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 a Writ order or direction in the nature of Mandamus or otherwise declaring the order of the Hon'ble Tribunal dt. 31-7-2008 in O.A.No. 6116/2008 in not granting interim order, as arbitrary, erroneous and issue consequential directions directing the respondents not to effect any transfers and issue posting orders to the petitioner based on the counseling held on 4-6-2008 by following G.O. Ms.No. 81 EF & ST Department dt. 8-7-2008 till disposal of the O.A. by the Hon'ble Tribunal and pass Counsel for the Petitioner: MR.P.V.KRISHNAIAH Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : Common Order :: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION Nos.17055, 17056 & 17058 of 2008 COMMON ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) Writ petition No.17055 and 17056 of 2008 are filed against the common order dated 31-7-2008 passed in OA Nos.6175 and 5555 of 2008 respectively, by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereas Writ petition No.17058 of 2008 is filed aggrieved by the action of the Tribunal in not granting interim order in OA No.6116 of 2008, pending disposal of the said OA. 2. As the subject matter is connected, these writ petitions are being disposed of by this common order. To resolve the controversy, facts in writ petition No.17055 and 17056 of 2008 are noted. 3. The petitioners who are working as Forest Section Officers and Forest Beat Officers filed OA Nos.6175 and 5555 of 2008 to declare the action of the respondents in not following the guidelines issued in GO Ms. No.81, dated 8-7- 2008 while effecting transfers of employees of Forest Department, particularly with reference to cut off date for calculation of tenure of three years, as illegal and arbitrary. 4. It is the case of the applicants-petitioners herein that GO Ms.No.134, dated 9-5-2008 has been issued lifting the ban on transfers, and relaxing the ban period from 15-5-2008 to 16-6-2008 and certain guidelines were issued with respect to effecting transfers and postings of State Government employees. It is also their case that the employees of Department of Forests and Environment have been specifically omitted from the purview of GO Ms.No.134, dated 9-5-2008 and special guidelines were issued in GO Ms.No.81, dated 8-7-2008 for effecting transfers and postings of employees working in Department of Forests and Environment, which are latest guidelines governing the field. The relevant portion of the said GO Ms.No.81, dated 8-7- 2008, on which the petitioners are relying reads as follows:- “3. Government after careful consideration, hereby issue the following separate guidelines to effect the transfers and postings of Government employees in the Forest Department on completion of prescribed period. i) Transfer of employees should not be resorted to unless an employee completes the tenure of three years as on 1-4-2008 at any place of posting; however; a) the tenure of employees working in Flying Squad Parties/Vigilance Parties and Check Posts shall be one year. b) The tenure in vulnerable territorial jurisdiction shall be for a period of two years. ii) Working in any of the special duty posts, eg., Research, Training & Education, Planning & Extensions and Wildlife (non- territorial) for a minimum period of two years shall be considered essential, to expose the staff to various fields of working in the Department. iii) Transfers shall not be resorted to in the middle of the academic year except on administrative grounds.” 5. The following amendment was issued to GO Ms.No.81, dated 8-7-2008 by GO Ms. No.84, dated 19-7-2008. The said amendment reads thus: AMEDMENT In para 3 of the GO Ms. No.81, dated 8-7-2008, item Nos.(i) and (xi) shall be read as follows: :: FOR :: :: READ :: i) Transfer of employees should not be i) Transfer of employees should resorted to unless an employee not be resorted to unless an completes the tenure of three years employee completes the tenure as on 1-4-2008 at any place of of three years as on 1st April posting of the year at any place of posting. xi) All transfers shall be effected xi) All transfers shall be effected during the May/June every year during the May/June every year duly following the procedure as duly following the procedure as ordered in GO Ms.No.34, ordered in GO Ms.No.34, EFS&T Department, dt.26-4-2001 EFS&T Dept.,dt.26-4-2001, except this year i.e. 2008 6. It is further the case of the petitioners that the Government issued GO Ms.No.134, dated 9-5-2008 lifting the ban on transfers between 15-5-2008 and 16-6-2008 to enable the employees who are going to be transferred to admit their children in the new station and this method is practiced by the Government every year to lift the ban during the summer vacation and re- impose the said ban again. As per the policy applicable to all the State Government employees, the departments in the State should complete the process of effecting transfers by 16-6-2008. 7. It is stated that the Government in GO Ms.No.81, dated 8-7-2008 prescribed certain guidelines applicable to the staff working in Forest Department and also fixed the cut of date for calculating the tenure for effecting transfer as 1-4-2008 i.e. employees who have completed three years service as on 1-4-2008, be transferred as per GO Ms.No.81, dated 8-7-2008 and also stipulated that such transfer should be effected only in the month of May/June. The counselling for effecting transfers was stated to have been conducted on 4-6-2008 taking into account the cut off date as 15-7-2008. The said cut off date has been confirmed by the Government in Memo No.2094/For.V/2008-1, EFS&T (For.V) Department, dated 17-5-2008 and also issued certain instructions. One of the instructions issued in Government Memo No.2094/For.V/2008-1, EFS&T (For.V) Department, dated 17-5-2008 was to adopt the cut of date as 15-7-2008 instead of 16-6-2008 for the purpose of calculation of tenure period and also to follow the guidelines prescribed in GO Ms.No.34, dated 26-4-2001. 8. Mr. S. Sharath Kumar, learned counsel for the petitioners stated that the Government after taking such policy decision in issuing aforesaid GO Ms.No.81, dated 8-7-2008, the respondents ought to have followed the said GO while effecting transfers in view of the fact that the Government in GO Ms.No.81, dated 8-7-2008 directed that transfer of employees should not be resorted to unless an employee completes the tenure of three years as on 1-4- 2008 at any place of posting. 9. Learned counsel for the petitioners further contended that in view of the guidelines issued in GO Ms.No.81, dated 8-7-2008, the guidelines issued in GO Ms.No.134, dated 9-5-2008 and GO Ms.No.34, dated 26-4-2001 cannot be applied to the staff of Forest Department and therefore the action of the respondents in proposing to effect transfers basing on the counselling conducted on 4-6-2008 by following the guidelines issued in GO Ms.No.134, dated 9-5-2008 and GO Ms.No.34, dated 26-4-2001 cannot be permitted to be done. 10. Learned Government Pleader for Forests appearing for the respondents, on the other hand, submitted that the orders issued in GO Ms.No.81, dated 8-7- 2008 and the amendment made to it by way of GO Ms.No.84, dated 19-7-2008, relates to guidelines issued on transfers and postings on administrative grounds, other than counselling period (while ban-on-transfer is in force). It is also contended that counselling of the petitioners and others has been conducted as per the performance based counselling system for transfer and posting of staff in Forest Department by following the guidelines issued in GO Ms.No.34, dated 26-4-2001 and, therefore, the special guidelines issued in GO Ms.No.81, dated 8-7-2008 and GO Ms.No.84, dated 19-7-2008 are meant for future guidance. 11. The matter rests on a narrow compass. Admittedly, in this case the petitioners and others were called for counselling on 4-6-2008 and the petitioners herein have participated in the said counselling and have given their options for posting. As on the date of counselling, GO Ms.No.34, dated 26-4- 2001 and GO Ms.No.134, dated 9-5-2008 were governing the field of transfers and postings of the staff of Forest Department. However, the Government in Memo. No.2094/For.V/2008-1, dated 17-5-2008, required the Principal Chief Conservator of Forests, Hyderabad, to follow the existing system of transfers and postings of all the categories, as per the guidelines issued in GO Ms.No.34, dated 26-4-2001, without suggesting too many changes in the middle of the academic year, except in exceptional and unavoidable cases and also requested to arrive the cut off date as 15th July, 2008 for calculating the tenure of the staff of Forest Department, as proposed by the Principal Chief Conservator of Forest and submit necessary proposals for transfer and postings of staff of various categories of Forest Department as per the above guidelines and also keeping in view the guidelines issued in GO Ms.No.134, dated 9-5-2008. It is stated that the entire process of conselling for transfer of Forest Section Officers and Forest Beat Officers was done in accordance with the guidelines issued in the GO Ms.No.34, dated 26-4-2001 (i.e. prescribing the tenure to be followed) and also proceedings of Principal Chief Conservator of Forest in Ref. No.22843/2008/A2, dated 14-5-2008 and 19-5-2008 and GM No.2094/For.V/2008-1, dated 17-5-2008 (i.e. prescribing the cut off date as 15- 7-2008). 12. However, the Government having felt that it may not be possible to implement the performance based counselling system for transfer of staff in the Forest Department, as per the guidelines issued in GO Ms.No.34, dated 26-4- 2001, unless special guidelines are issued, as was done in the last few years vide GO Ms.No.648, dated 15-9-2004, exempting the Environment, Forests, Science and Technology Departments from the purview of GO Ms.No.34 dated 26-4-2001, issued special guidelines under GO Ms.No.81, dated 8-7-2008 for transfers and postings of the staff of Forest Department. Further the Government in GO Ms.No.84, dated 19-7-2008, issued an amendment to the orders issued in GO Ms.No.81, dated 8-7-2008 to item nos.i) and xi). Under amendment to item no.xi) of GO Ms.No.81, dated 8-7-2008, exemption was given for this year i.e.2008 from following the procedure in GO Ms.No.34, dated 26-4-2001. Admittedly the counselling was conducted based guidelines issued on GO Ms.No.134, dated 9-5-2008 and GO Ms.No.34, dated 26-4-2001, but in view of the exemption given under amended item no.xi) in GO Ms.No.84, dated 19-7-2008 to the effect that “except this year i.e. 2008”, the petitioners contend that the respondents have to follow the guidelines issued in GO Ms.No.81, dated 8-7-2008 and also the amendment issued in GO Ms.No.84, dated 19-7- 2008 for effecting transfers. 13. A reading of amended item no.xi) under GO Ms.No.84, dated 19-7-2008 makes it clear that all transfers shall be effected during May/June every year duly following the procedure as ordered in GO Ms.No.34, dated 26-4-2001, except this year i.e. 2008, that means it is to be construed that the guidelines issued in GO Ms.No.34, dated 26-4-2001 need not be followed for this year i.e. 2008, though the counselling is completed prior to the issuance of GO Ms.No.81, dated 8-7-2008 and GO Ms.No.84, dated 19-7-2008. We are of the opinion that in view of the amendment, G.O.Ms.No.81, dated 8-7-2008 has no application for the transfers made in pursuance of the counselling held earlier. The amended rule is applicable only for future transfers. 14. In this view of the matter, the writ petitions are liable to be dismissed and they are accordingly dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated:25th August, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}