T NARASIMHULU Vs. STATE OF A P

JUDGEMENT

(1.) THESE are appeals against the judgment and order dated 05.04.2002 of the Division Bench of the Andhra Pradesh High Court in a batch of Writ Petitions Nos. 14689 of 2001, 25322 of 2001, 24420 of 1997 and Writ Petition No.22926 of 2001 (for short 'the impugned judgment').

(2.) THE relevant facts very briefly are that on 28.07.1983 the Government of India sent a Circular to all the State Governments to depute the Forest Range Officers who have passed the Forest Ranger Course with honours for admission to two year course at the State Forest College for the post of Assistant Conservator of Forest. In response to the Circular, the Government of Andhra Pradesh sent the Forest Range Officers, who had secured honours in Forest Ranger Course, on deputation to the State Forest College for training as Assistant Conservators of Forests during the period 08.04.1986 to 23.06.1994. On 13.11.1994, the Andhra Pradesh Administrative Tribunal delivered a judgment in O.A. No.3258 of 1994 holding that the deputation of Forest Range Officers, namely, Sri B. Narayan Reddy and Sri T. P. Thimma Reddy, for training as Assistant Conservators of Forests was contrary to the Andhra Pradesh Forest Service Rules, 1965 (for short 'the Forest Service Rules'). On 29.05.1995, the Government of Andhra Pradesh issued G.O.Ms. No. 35 adding a proviso to Rule 2 of the Forest Service Rules that Forest Range Officers who secured first and second ranks in their batches for Honours in Ranger's Training Course shall be eligible for appointment as Assistant Conservators and this G.O.Ms. No. 35 was published in the Gazette of the Andhra Pradesh on 01.06.1995. On 03.07.1995, the Andhra Pradesh Government issued G.O.Ms. No.51 amending this proviso to Rule 2 of the Forest Service Rules so as to provide that Forest Range Officers who secured Honours in their batches in the Rangers Training Course shall be eligible for appointment as Assistant Conservators and this G.O.Ms. No.51 was published in the Gazette of Andhra Pradesh on 12.09.1996. THE appellants who were working as Assistant Conservators of Forests challenged the amendments to Rule 2 of the Forest Service Rules by G.O.Ms. No.35 and G.O.Ms. No.51 before the Andhra Pradesh Administrative Tribunal and thereafter before the High Court. By the impugned judgment, the Division Bench of the High Court has dismissed the Writ Petitions.

(3.) WE are unable to accept the submission of Mr. Nageshwar Rao that portion of the Government Orders in G.O.Ms. Nos. 35 and 51 directing that the amendments to Rule 2 therein would have retrospective effect from 08.04.1986 were required to be published in the Official Gazette. A plain reading of G.O.Ms. Nos. 35 and 51, copy of which has been annexed, would show that the amendments to Rule 2 of the Forest Service Rules made therein are in exercise of powers conferred by the proviso to Article 309 of the Constitution. Article 309 of the Constitution is extracted hereinbelow: