LAWS(APH)-2002-4-79

S RAMKUMAR NAIK Vs. PRINCIPAL SECRETARY TO GOVERNMENT ENVIRONMENT FORESTS SCIENCE AND TECHNOLOGY DEPARTMENT HYDERABAD

Decided On April 05, 2002
S.RAMKUMAR NAIK Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT, ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY DEPARTMENT, HYDERABAD Respondents

JUDGEMENT

(1.) This batch of seven writ petitions may be disposed of by a common order since the subject matter and the issues that arise for consideration and to be resolved are one and the same. W.P.Nos.14903, 24420 of 1997; 20707 and 24842 of 2000 are directed against the common order dated 28-4-1997 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad dismissing the O.A.Nos.3079, 5790, 1717 and 3104 of 1995 respectively filed by the petitioners. W.P.No.14689 of 2001 is directed against the order passed by the Tribunal dismissing O.A.No.2506 of 2001, dated 18-6-2001 following its own order dated 28-4-1997 passed in O.A.No.3079 of 1995 and Batch. Likewise, W.P.No.22926 of 2001 is directed against the order passed by the Tribunal in O.A.No.7982 of 2001, dated 2-11-2001 and W.P.No.25322 of 2001 is directed against the order dated 17-9-2001 in O.A.No.6362 of 2001.

(2.) In all these writ petitions, the constitutional validity of the amendment issued in G.O.Ms.No.35, Environment, Forests, Science & Technology (For.IV) Department, dated 29-5-1995 as further modified in G.O.Ms.No.51, Environment, Forests, Science & Technology (For.IV) Department, dated 3-7-1995 to Rule 2 of the Andhra Pradesh Forest Service Rules, 1965 is challenged. According to the petitioners, the said amendment is arbitrary, discriminatory, illegal and void ab initio being violative of Articles 14 and 16 of the Constitution of India.

(3.) The petitioners in W.P.Nos.14903, 24420 of 1997; 20707 and 24842 of 2000 were directly recruited as Forest Rangers in the A.P. Forest Subordinate Services after a due process of selection by the Andhra Pradesh Public Service Commission on regular basis. Later on, they were promoted as Assistant Conservators of Forests in the A.P. Forest Service. All the unofficial respondents - numbering 14 were also directly recruited as Forest Rangers. There is no dispute whatsoever that all of them were recruited as Forest Rangers into the A.P. Forest Subordinate Service much later to that of the petitioners herein. It is not necessary to notice the details of the inter se seniority amongst the petitioners either in the cadre of Forest Rangers or in the cadre of Assistant Conservators of Forests. The fact remains that in the state-wide seniority list of Forest Range Officers as on 15-12-1988 the unofficial respondents were shown at much lower places than that of the petitioners.