Solam Venkateswrlu v. District Collector And 24 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.18256 of 2019 ORDER:

Heard Sri P.Giri Krishna, learned counsel for the petitioners and the learned Government Pleaders for Services I and II and Sri Bala Kishan Rao, learned Standing counsel for respondent No.9. With the consent of learned counsel for the respective parties, this Writ Petition is disposed of at the admission stage.

This writ petition is filed seeking the following relief :- ".............................Writ of Mandamus declaring the action of the Respondent Nos.4 & 5 in not giving appointment orders to the Petitioners even after receipt of the Reports from Respondents No.2 & vide proceedings Rc.No.E4/1037/2018, dated 24.07.2019 and proceedings in Rc.No.T1/2529/2018, dated 25.07.2019, respectively stating that there are no complaints against the Petititoners, as illegal, arbitrary and against the principles of natural justice and violative of Article 14 and 16 of Constitution of India and consequently direct the respondents to issue the appointment orders to the Petitioners as Forest Beat Officers with continuity of service from 04.07.2019 onwards as they are selected by the Notification No.48 of 2017 dated 15.07.2019 issued by the 9th Respondent and to pass such other......."

It has been contended by the petitioners that they have responded to the Notification No.48 of 2017, dated 15.08.2017 issued by the 9th respondent-Telangana State Public Service Commission (TSPSC) for recruitment of Forest Beat Officers and accordingly they were selected and TSPSC issued selection list dated 12.02.2019. But at the time of issuing appointment

orders to the petitioners, the respondents have raised certain doubts regarding genuineness of the Local Agency Area Schedule Tribe Certificate. In those set of circumstances, some of the unsuccessful candidates filed WP.No.26195 of 2018 alleging that the respondents are not following the procedure, as envisaged in G.O.Ms.No.24 dated 12.06.2018 while verifying the Local Agency Area Schedule Tribe Certificates and this Court was pleased to dispose of the said writ petition vide order dated 04.09.2018, directing the official respondents to forward the list of selected candidates to the District Collector for verification of Local Agency Area Schedule Tribe Certificates and if no complaints are received against the selected candidates in respect of their certificates, then the District Collector was directed to inform the Appointing Authority i.e., District Forest Officer, who in turn would inform the Public Service Commission to initiate further action.

Learned counsel for the petitioners contends that in pursuance of the orders passed by this Court, the District Collector, Mulugu and the District Collector, Mahabubabad forwarded the reports with regard to petitioners vide proceedings dated 24.07.2019 and 25.07.2019 to the concerned District Forest Officers stating that no complaints were received against the petitioners in respect of their Local Agency Area Schedule Tribe Certificates. Inspite of the same, the District Forest Officers are not acting further and not issuing appointment orders to the petitioners. Therefore, learned

counsel for the petitioners contends that appropriate orders be passed in the writ petition directing the concerned District Forest Officers to forward the recommendations made by respondents 2 and 3 vide proceedings dated 24.07.2019 and 25.07.2019, so as to enable the Public Service Commission to act further in accordance with law.

Learned Government Pleaders appearing for respondents 1, 2 and 3 and the learned Standing Counsel appearing for respondent No.9 contends that the concerned District Forest Officers would consider the case of the petitioners by taking into account the reports submitted by the respondents 2 and 3 and then forward the same to respondent No.9 and take further action in accordance with law, in respect of issuance of appointment orders to the petitioners.

This Court, having considered the rival submissions, made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the concerned District Forest Officers to forward the reports submitted by the respondents 2 and 3 dated 24.07.2019 and 25.07.2019 to enable respondent No.9 to process the applications of the petitioners in terms of the order dated 04.09.2018 passed by this Court in W.P.No.26195 of 2018 and pass appropriate orders in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 22-08-2019 dv