CH.PRAKASH RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking a writ of mandamus declaring the G.O.Rt.No.26, Environment, Forests, Science and Technology (FOR-II) Department, dtd. 3/4/2023 issued by the respondent No.1, as illegal, arbitrary, discriminatory, unconstitutional and consequently to set aside the same and issue directions to the respondents to continue the petitioner as Divisional Forest Officer, Khammam, till his retirement i.e., upto 30/4/2024 and to pass such other order or orders in the interest of justice.

(2.) Brief facts leading to the filing of the present writ petition are that the petitioner was working as Forest Divisional Officer in the office of Forest Divisional Officer, Khammam, in the cadre of Deputy Conservator of Forests and vide proceedings dtd. 18/1/2019, the authorities surrendered the petitioner to the Head of the Department on the ground that the petitioner had interfered with the Grampanchayat Elections. Aggrieved, the petitioner had approached this Court by filing W.P.No.7016 of 2019 which was disposed of by this Court vide orders dtd. 3/4/2019, directing the respondents to consider the representation of the petitioner and also by duly taking into consideration the fact that the elections of the Grampanchayat were over in the month of January, 2019. Subsequently, the petitioner was retained/reposted as Divisional Forest Officer, Khammam, which he was holding.

(3.) It is submitted that the petitioner has undergone by-pass surgery at Yashoda Hospital, Hyderabad on 21/5/2014 and required constant medical supervision and in February, 2022, the petitioner suffered with Corcinoma of right tonsil (throat cancer) and he is undergoing treatment and the petitioner submits that he is going to retire on attaining the age of superannuation on 30/4/2024. It is submitted that there is also a ban on transfers in terms of G.O.Ms.No.61, Finance Department (HRM-I), dtd. 24/5/2018 and the same was relaxed for a period between 25/5/2018 to 15/6/2018. Thereafter, the petitioner submitted that the policy of the Government was to post wife and husband at one place and since the petitioner's wife was working as SGT in Primary School, Danavaigudem, Khammam Urban Mandal since 2012, the petitioner had requested the respondents to give preference to him as he has undergone by-pass surgery and also since his wife was working in the said area.