Himachal Pradesh High Court
Intzar vs Forest Guards Appointed From ... on 22 August, 2022
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF AUGUST, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITIONS NO.2765 OF 2019 & 3077 OF 2020
CWP No.2765 of 2019
BETWEEN:-
1. INTZAR, AGED ABOUT 35 YERAS,
S/O SH NIKKA
R/O VILLAGE NERON KOTRI, PO KAULANWALA BHOOD
TEHSIL NAHAN, DISTRICT SIRMAUR
HIMACHAL PRADESH.
2. BHEEM SINGH S/O SH LAIK RAM
R/O VILLAGE KHANDA, PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR,
HIMACHAL PRADESH.
3. RANJEET SINGH KANWAR
S/O SH LALIT KANWAR
R/O ISHWAR BHAWAN, H NO.988/5,
MOHALLA AMARPUR, DISTRICT SIRMAUR (HP).
4. BALBIR SINGH S/O SH PHOOL CHAND
R/O VILLAGE AND PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR (HP).
5. RAJESH KUMAR S/O SH MOHINDER SINGH
R/O VILLAGE AND PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR (HP).
6. TAPENDER SINGH S/O SH MADAN SINGH
R/O VILLAGE PANUALI, PO PARARA,
TEHSIL DADAHU, DISTRICT SIRMAUR (HP)
7. DINSEH KUMAR S/O SH JEEWAN SINGH
R/O VILLAGE JADOL, PO TAPROLI,
TEHSIL RAJGARH, DISTRICT SIRMAUR (HP)
8. RAMESH KUMAR S/O SH LEKH RAM
R/O 370/3 SHIMLA ROAD, NAHAN,
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DISTRICT SIRMAUR (HP)
9. NADEEM KAUSAR S/O SH NAZIR HUSSAIN
R/O VILLAGE KIRATPUR, PO PURUWALA,
.
TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR (HP)
10. VIRENDER KUMAR S/O SH SANT RAM
R/O VPO NAGHETA, TEHSIL PAONTA SAHIB,
DISTRICT SIRMAUR (HP)
11. RAJEST KUMAR S/O SH GOPAL SINGH
R/O VILLAGE KATWARI BAGRATH,
PO KANSAR, TEHSIL DADAHU,
DISTRICT SIRMAUR (HP)
12.
R/O VPO BHAWAT,
DISTRICT SIRMAUR
(HP)
r to
SUBHASH CHAUHAN S/O SH BASTI RAM
13. RAKESH KUMAR S/O SH NAND RAM,
VPO GIRI NAGAR, TEHSIL POANTA SAHIB,
DISTRICT SIRMAUR (HP)
14. ROHIT SAINI S/O SH KAMAL KUMAR
R/O 78/11 BARA CHAWNK JAIN BAZAR NAHAN
DISTRICT SIRMAUR (HP)
15. VISHAL KUMAR S/O SH DINESH CHAND
R/O 677/11 BALMIKI BASTI NAHAN
PO NAHAN TEHSIL NAHAN
DISTRICT SIRMAUR (HP)
16. SUSHILA CHAUHAN
D/O SH CHARANJEET SINGH CHAUHAN
R/O VILLAGE MASHU PO JAMMA
TEHSIL KAMROO DISTRICT SIRMAUR (HP)
17. RAM KARAM S/O SH MATU RAM
R/O VILLAGE SUKETI PO MOGINAND
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
18. SANDEEP SHARMA S/O SH RANDHIR SHARMA
R/O VILLAGE NEHRLA PO SHAMBHUWALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
19. VIRENDER KUMAR S/O SH NAIN SINGH
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R/O VILLAGE MINAL-BAG PO DUGANA
TEHSIL KAMROW DISTRICT SIRMAUR (HP)
20. KAILASH THAKUR S/O SH JAIPAL SINGH
.
R/O VILLAGE GAWANA PO BHAROG BANERI
TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
21. VINITA DEVI S/O SH LAYAK RAM
R/O VPO KHODRI MAJRI TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
22. NEELAM DEVI S/O SH DAYA RAM
R/O VILLAGE KANLOG PO BANAH KI SER
TEHSIL PACHHAD DISTRICT SIRMAUR (HP)
23. NARENDER KUMAR S/O SH BALA RAM
R/O VILLAGE VETERINARY COLONY RAJGARH
PO & TEHSIL RAJGARH
DISTRICT SIRMAUR (HP)
24. NAZRA S/O SH SABIR ALI
R/O VILLAGE NAWADA,
PO SHIVPUR TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
25. INDU RANI S/O SH SUNDER LAL
R/O VILLAGE DOON PO JAMUN KI SER
TEHSIL PACHHAD DISTRICT SIRMAUR (HP)
26. SUNIL CHAUHAN S/O SH SHUPA RAM
R/O VPO BELLA,
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
27. KAMAL SINGH S/O SH NARANJAN SINGH
R/O VILLAGE & PO KOLAR
TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
28. TEK CHAND S/O SH VIJAY RAM
R/O VILLAGE GADDA BHUDDI
PO SHAMBHU WALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
29. ANWAR SINGH S/O SH SOHAN SINGH
R/O HOUSE NO 166/2 WARD NO 1
TEHSIL POANTA SAHIB DISTRICT SIRMAUR (HP)
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30. KIRTI KUMAR TOMAR S/O SH MADAL LAL TOMAR
R/O VILLAGE DHAUN PO RAMA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
.
31. MUDDASIR NAZAR S/O ISLAM
R/O VILLAGE NARWADA PO SHIVPUR
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
32. VIKRAM SINGH S/O SH BHAGAT RAM
R/O VILLAGE BHARAYAN PO KOTLA MOLAR
TEHSIL NAHAN DISTRICT SIRMAOUR (HP)
33. JAMEEL KHAN S/O SH NAZIR KHAN
R/O VILLAGE SAINWALA PO MAJRA
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
34. DINESH KUMAR S/O SH INDER SINGH
R/O VPO & TEHSIL NOHRADHAR
DISTRICT SIRMAUR (HP)
35. HARJEET SINGH S/O SH MANGAT SINGH
R/O HOUSE NO 86/13 MOHALLA GOBIND GARH
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
36. PRAVEEN KUMAR S/O SH JATI RAM
R/O VPO KOTRI BIAS
TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
37. KABUL SINGH S/O SH HARI SINGH
R/O VPO KOTRI BIAS TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
38. CHAMAN LAL S/O SH PREM CHAND
R/O VILLAGE BHARAPUR PO DHOULAKUAN
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
39. SUDHIR SHARMA S/O SH DURGA DUTT
R/O VILLAGE JHANGAN PO CHHOG
TEHSIL RAJGARH DISTRICT SIRMAUR (HP)
40. ARUNA TOMAR S/O SH VIPIN KAMAL
R/O VPO BOGDHAR TEHSIL NORADHAR
DISTRICT SIRMAUR (HP)
41. SANJOO S/O MOHAN LAL
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R/O VILLAGE DHADUWALA PO BIKRAM BAG
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
42. PANKAJ TOMAR S/O SH SURESH KUMAR
.
R/O VPO SHAMBHU WALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
43. BAHADUR SINGH S/O SH SURAT SINGH
R/O VPO LANA PALLAR TEHSIL SANGRAH
DISTRICT SIRMAUR (HP)
44. AJAY KUMAR S/O SH OM PRAKASH
R/O VILLAGE BAKAHAN PO BHAROG BANERI
TEHSIL POANTA SAHIB DISTRICT SIRMAUR (HP)
45.
46.
LALITA SHARMA S/O SH RAVI DUTT
R/O VILLAGE NADRI PO DEVAMANAL
TEHSIL NORADHAR DISTRICT SIRMAUR (HP)
SHYAM LAL S/O SH BHOOP SINGH
R/O VILLAGE LANI PO KOTI BOUCH
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
47. VIJAY KUMAR S/O SH JAI PAL
R/O VILLAGE MEHRUWALA PO BHAGANI
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
48. SANDEEP KUMAR S/O SH LUXMI SINGH
R/O VILLAGE LAWANA PO DEOTHI MAJHGEON
TEHSIL RAJGARH DISTRICT SIRMAUR (HP)
49. KAMLESH KUMARI S/O SH PANCH RAM
R/O VPO SHILLAI DISTRICT SIRMAUR (HP)
50. DAYA RAM S/O SH AMAR SINGH
R/O VILLAGE GULABGARH PO KOTRI BIAS
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
51. SATYA PRAKASH S/O SH BRAHM DUTT
R/O VILLAGE BAUNAL PO RAJANA
TEHSIL SANGRAH DISTRICT SIRMAUR (HP)
52. NIRMALA DEVI S/O SH GUMAN SINGH
R/O VILLAGE DHADAS PO KANDO BHATNOL
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
53. KANWAR SINGH S/O SH JAWALA RAM
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R/O VILLAGE DHIRAINA, P.O. NAINDHAR
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
54. DEEP RAM SHARMA S/O SH RAMAND SHARMA
.
R/O VILLAGE BHARAINA PO BAKRAS
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
55. DINESH KUMAR S/O SH DURGA SINGH
R/O VPO TAPROLI TEHSIL RAJGARH
DISTRICT SIRMAUR (HP)
56. ASHA KAPOOR S/O SH BABU RAM
R/O H NO-3 FLAT NO 6, MOHALLA AMARPUR,
HOUSING BOARD COLONY
DISTRICT SIRMAUR (HP)
r ...PETITIONERS
(BY SHRI SANJEEV BHUSHAN,
SENIOR ADVOCATE WITH SHRI
JEEVAN KUMAR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS CHIEF SECRETARY,
GOVERNMENT OF HP, SHIMLA
2. THE DEPARTMENT OF FOREST
THROUGH ITS SECRETARY,
GOVT. OF HP
3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
GOVT. OF HP.
4. CONSERVATOR OF FOREST,
NAHAN,
DISTRICT SIRMAUR AT NAHAN
(HP)
5. KUSHAL CHAND S/O LATE BIRI SINGH
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
HIMACHAL PRADESH
POSTED AS FOREST GUARD
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UNDER MANDI FOREST DIVISION
MANDI, DISTRICT MANDI
6. LAL SINGH S/O LATE SHRI PRITHI SINGH,
.
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
HIMACHAL PRADESH.
POSTED AS FOREST GUARD UNDER
NACHAN FOREST DIVISION, GOHAR,
DISTRICT MANDI.
7. MISAR DASS S/O MAHESHWAR
R/O TUNA, P.O. PALI P.O. SHALLA
TEHSIL CHACHIOT DISTRICT MANDI
HIMACHAL PRADESH.
POSTED AS FOREST GUARD UNDER
NACHAN FOREST DIVISION GOHAR
DISTRICT MANDI
8. GANGA RAM S/O LATE DUTT RAM
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
POSTED AS FOREST GUARD UNDER
MANDI FOREST DIVISION, MANDI
DISTRICT MANDI.
9. ROOP RAM S/O BABU RAM
R/O VILLAGE LARECH PO MAAN TEHSIL ARKI,
DISTRICT SOLAN, HP:
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER KUTHAR,
DISTRICT SOLAN, H.P.
10. BHIM SINGH MEHTA S/0 SH. JIYA LAL MEHTA
R/O VILLAGE DABROT P.O. BHANERA,
TEHSIL KARSOG,
DISTRICT MANDI H.P.
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
CHAURIDHAR,
DISTRICT MANDI, H.P
11. NARENDER KUMAR S/O DURGA DUTT
R/O VILLAGE SHINGALT P.O. MAAN
TEHSIL ARKI, DISTRICT SOLAN, H.P
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER KUTHAR,
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DISTRICT SOLAN, H.P
12. NARAYAN DUST S/O DAYA RAM
R/O VILLAGE KAMLAHRA, P.O. KUFTU,
.
TEHSIL KANDAGHAT, DISTRICT SOLAN
PRESENTLY POSTED AS FAREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER SPATU,
DISTRICT SOLAN, HP
13. CHANDER PRAKASH S/O SH. KULDEEP SINGH
R/O HOUSE NO. 493, B-1, RATPUR COLONY,
P.O. PINJAUR, TEHSIL KALKA (HARYANA)
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
PARWANOO, DISTRICT SOLAN.
14. RAM DUTT S/O SH. JIVANOO RAM
R/O VILLAGE MAHIYAN, P.O. BHOJNAGAR,
TEHSIL & DISTRICT SOLAN, HP
PRESENTLY POSTED AS FAREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
PARWANOO, DISTRICT SOLAN, H.P
15. BACHHAN SINGH S/O SH. LACHHAN SINGH
R/O VILLAGE JASWANI, P.O. DADHOL,
TEHSIL GHUMARWIN,
DISTRICT BILASPUR, HP.
PRESENTLY POSTED AS FOREST GUARD
IN IDP PROJECT BILASPUR UNIT AT BARTHI
C-2, DISTRICT BILASPUR
H.P.
16. TEJ SINGH SON OF OM CHAND
R/O VILLAGE & P.O.TIKKAR
TEHSIL BALH, DISTRICT MANDI
POSTED AS FOREST GUARD
UNDER MANDI FOREST DIVISION MANDI
DISTT. MANDI
17. SUBHASH CHAND SON OF LATE PIAR SINGH
R/O VILLAGE AND P.O.AHJOO
TEHSIL JOGINDER NAGAR
DISTT. MANDI
POSTED AS FOREST GUARD
UNDER JOGINDERNAGAR FOREST DIVISION
JOGINDER NAGAR DISTT. MANDI
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18. SUNDER SINGH SON OF DHANI RAM
R/O VILLAGE BHAWAT P.O.SADHIANI
TEHSIL BALH DISTT. MANDI
POSTED AS FOREST GUARD UNDER
.
MANDI FOREST DIVISION MANDI
DISTT.MANDI
19. DEV RAJ SON OF SH.SANT RAM
V&PO JALARI TEHSIL & DISTT. KANGRA
POSTED AS FOREST GRUARD IN G.H.N.P
SAMSHI DIVISION SAMSHI DISTT KULLU(HP)
20. PRADEEP KUMAR S/O SH.RAM CHAND
V&PO DADH TEHSIL PLAMPUR
DISTT.KANGRA
POSTED AS FOREST GUARD
DALHOUSIE FOREST DIVISION
DISTT.CHAMBA
21. SMT. REKHA DEVI D/O SH. CHATTAR SINGH
R/O VILLAGE KALU, PO KIRI,
TEHSIL AND DISTRICT CHAMBA, HP
PRESENTLY POSTED AS
FOREST GUARD IN FOREST DIVISION DALHOUSIE,
HIMACHAL PRADESH
22. SH. BHUVAN MOHAN PAL S/O SH. YASH PAL
R/O VILL BAROR PO NAREDI,
TEHSIL & DISTRICT CHAMBA, HP,
PRESENTLY POSTED AS FOREST GUARD
IN FOREST DIVISION CHAMBA, HP
23. SH. MANJIT KUMAR S/O SH. PURAN CHAND
R/O VILL BHANOUTA, PO CHANED,
TEHSIL AND DISTRICT CHAMBA, HP.
PRESENTLY POSTED AS FOREST GUARD IN
FOREST DIVISION CHAMBA, H.P.
...RESPONDENTS
(SHRI ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. RAJU RAM RAHI, DEPUTY ADVOCATE
GENERAL FOR R- 1 TO R-4
SHRI NARENDER SHARMA ADVOCATE VICE
SHRI TEK CHAND SHARMA AND SHRI K.C.
SANKHYAN, ADVOCATES FOR R-5 TO R-8
AND R16 TO R20.
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SHRI DIGVIJAY SINGH, ADVOCATE FOR
R-9 TO R-15.
SHRI NARENDER SHARMA, ADVOCATE
.
FOR R-21 TO R-23.
MS. ARCHANA DUTT, ADVOCATE FOR
R-24 TO R28.)
CWP No.3077 of 2020
Between
1. SANDEEP KUMAR
SON OF SHRI GIARU RAM
PRESENTLY WORKING AS FOREST GUARD
IN KOTI FOREST RANGE, SHIMLA FOREST
DIVISION,RESIDENT OF VILLAGE GHARYANA,
TEHSIL & POST OFFICE SUNNI,
DISTRICT SHIMLA H.P.
2. SATISH KUMAR SON OF SHRI JAGAT RAM
PRESENTLY WORKING AS FOREST GUARD
IN TARA DEVI FOREST RANGE,
SHIMLA FOREST DIVISION, H.P.
RESIDENT OF VILLAGE PAODHANA
POST OFFICE CHHAUSHA,
TEHSIL KANDAGHAT DISTRICT SOLAN.
3. SHRI YOGESH KUMAR
S/O SHRI RAMESHWAR DASS,
PRESENTLY WORKING AS FOREST GUARD
IN DHAMI, FOREST RANGE,
SHIMLA FOREST DIVISION, H.P
R/O VILLAGE GUMMA,
TEHSIL & DISTRICT SHIMLA.
..PETITIONERS
(BY SHRI DEVEN KHANNA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS CHIEF SECRETARY,
GOVERNMENT OF HP, SHIMLA.
2. THE DEPARTMENT OF FOREST
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THROUGH ITS SECRETARY,
GOVERNMENT OF HIMACHAL PRADESH.
3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
.
GOVERNMENT OF HIMACHAL PRADESH,
TALLAND, SHIMLA 171001
4. THE CHIEF CONSERVATOR OF FOREST,
SHIMLA, DISTRICT SHIMLA,
HIMACHAL PRADESH.171002
.... RESPONDENTS.
(BY SHRI ASHOK SHARMA, ADVOCATE
GENERAL WITH SHRI RAJU RAM
RAHI, DEPUTY ADVOCATE GENERAL)
JUDGMENT RESERVED ON: 3rd JUNE, 2022.
DATE OF DECISION: 22nd AUGUST, 2022
Whether approved for reporting?
________________________________________________________________________
These petitions coming on for pronouncement this day, the Court
delivered the following:
JUDGMENT
These petitions involving common questions of facts and
laws, are being decided by this common judgment.
2 Petitioners, serving as Forest Guards in Forest Circle, Nahan,
District Sirmaur and Forest Circle Shimla, District Shimla have approached
this Court against impugned directions contained in communication dated
8th August, 2019 (Annexure P-12 in CWP No 2765 of 2019 and Annexure P-
20 in CWP No. 3077 of 2020) issued by Principal Chief Conservator of
Forest (Pr.CCF) (HOFF), Himachal Pradesh to all Chief Conservator of Forest
(CCFs)/Conservator of Forest (CFs) (T&WL) in Himachal Pradesh whereby
direction has been issued for recasting the seniority of Forest Guards for
their promotion to the posts of Deputy Ranger (State Cadre), as per the
merit gained in Direct Recruitment/Limited Direct Recruitment process in
order to prepare/draw State Level Panel of eligible Forest Guards after
.
holding DPC at Circle level.
3 Plea of petitioners is that aforesaid instructions/directions
have been issued on the basis of order dated 13.2.2019, passed by the
Erstwhile H.P. State Administrative Tribunal in OA No. 584 of 2019 titled
Kushal Chand vs. State of HP, which is not applicable to present
petitioners being appointees of Direct Recruitment against 90% quota of
Direct Recruitment provided in R&P Rules, whereas the said order was
passed by the Erstwhile H.P. State Administrative Tribunal with respect to
Forest Guards appointed from amongst Class-IV employees of Department
against 10% quota of Limited Direct Recruitment. Further that
appointment through Limited Direct Recruitment was undertaken by
respondents-Department in the year 2003 by preparing State Level List
after undertaking the Recruitment process at State level and therefore,
their inter-se seniority was directed by the Erstwhile H.P. State
Administrative Tribunal to be determined on the basis of State level
seniority list prepared on the basis of inter-se merit amongst them,
whereas, petitioners have been appointed by the Recruitment Committee
constituted at Circle Level by preparing separate and distinct merit list at
Circle Level by issuing appointment letter at Circle Level and, therefore, it
has been contended that seniority list of Forest Guards, appointed at
Circle Level against 90% quota for direct recruitment, cannot be made at
State level on the basis of merit after amalgamation of the select list of
different Circles and, it has to be maintained on the basis of length of
service from the date of joining as a Forest Guard because process of
.
appointment, though was initiated by issuing advertisement and
continued by conducting screening of candidates, assessing physical
efficiency and evaluating written paper together but was completed by
conducting personality test and declaring the result at circle level after
preparation of separate merit list at each Circle level through different and
distinct circle level Recruitment Committees.
4 It has also been contended on behalf of petitioners that as
direct recruitment was made at circle level by different Recruitment
Committees and, therefore, there is possibility of adopting different
criteria, either liberal or strict, in awarding marks by each circle level
Selection Committee, there is every possibility of awarding lesser or
higher marks in such selection of Forest Guards depending upon
conservative or liberal approach of concerned Committee and on
amalgamation of different circle level merit list shall put topper of select
list prepared by conservative committee at a considerable lower place in
combined amalgamated select list and preparation of State level seniority
list is not only contrary to adopted and accepted procedure for preparing
seniority list of Forest Guards for promotion of Deputy Ranger but also an
arbitrary act causing grave injustice to petitioners and other similarly
situated persons.
5 Case of respondents, as pleaded, is that appointment and
selection by way of promotion to the post of Deputy Ranger is to be made
.
by preparing the State Level Panel of Forest Guards as cadre of Deputy
Ranger is State Cadre and, therefore, State Panel of eligible Forest Guards
is to be made on the basis of seniority subject to rejection of unfit as
provided under R&P Rules and, therefore, amalgamation of different
seniority lists of various Circles is to be amalgamated and, therefore, a
conscious decision has been taken by employer by issuing instructions to
prepare the seniority list
r as per merit gained in the Direct
Recruitment/Limited Direct Recruitment in consonance with law of land as
relevant R&P Rules in this regard are silent. It has been contended that
respondents authority is competent to issue instructions to supplement
the R&P Rules in order to fill-up the gap, if any, in consonance with law of
land and, therefore, it has been contended that there is nothing illegal in
impugned instruction dated 8.8.2019 directing to recast the seniority as
per merit gained in recruitment process. Though date of initiation of
recruitment process in the year 2007 in various circles has not been
disclosed either in writ petition or in reply however during arguments, it
has been contended by respondents that process to fill-up 583 posts of
Forest Guard in all Circles in the State was initiated vide
Advertisement/communication dated 20.4.2007 simultaneously through
different Selection Committees as post of Forest Guard is a circle cadre
post.
6 It has been contended on behalf of respondents that selection
process for Forest Guard at Circle level is governed by procedure provided
.
in Himachal Pradesh Forest Department Forest Guard, Class-III (Non-
Gazetted) (Executive Section) Recruitment and Promotion Rules, 2003 (in
short 'the Rules) which remain the same in amended Rules 2014 also
which provides constitution of circle level Recruitment Committee
consisting of Conservator of Forest as Chairman and two District Forest
Officers as Members in each Forest Circle. The said Committee on
receiving applications on the basis of Advertisement, undertakes scrutiny
of candidates with respect to age, educational qualification and physical
standard as provided under Rule 7 of Rules is done and eligible candidates
are required to undergo Physical Efficiency Test (PET), written examination
and interview. Further that Physical Efficiency Test provides for maximum
25 marks and for awarding the marks, definite criteria has been provided
in R&P Rules which is identical throughout the State for every Circle and
therefore, there is no scope of discretion for evaluating the physical
efficiency of a candidate. Further that, 60 marks have been provided for
written test and written test is conducted on one and the same day in all
Circles of State on the basis of one and the same question paper in all
Circles and question paper is set by the University of Horticulture and
Forestry (UHF) and after receiving it from representative of UHF, not below
the rank of Assistant Professor, the same is opened in examination centre
in presence of all members of Recruitment Committee including Chairman
of the Committee on the scheduled date of examination. After
examination, answer sheets are sealed in an envelope duly signed by
Chairman and Members of Committee and is handed over back to
.
representative of HUF under proper receipt. The UHF evaluates the answer
sheets and send the marks list under the sealed covers to the concerned
CFs and after adding marks obtained in physical efficiency test and
written test, a merit list is prepared category-wise in different Forest
Circles for the purpose of calling the candidates for personality test in the
ratio of 1:3 on the basis of number of posts available category-wise in the
concerned Forest Circle. Personality test is of 15 marks. Out of 15 marks,
five marks shall be awarded for participation in NCC, NSS, Sports and
Cultural Activities according to definite criteria provided under R&P Rules
leaving no scope of discretion to allot these marks on the basis of
personal choice and only 10 marks have been provided for personality
test on the basis of interview prescribing evaluation of personality,
confidence and aptitude for the job. Therefore, it has been contended that
in view of aforesaid criteria of Direct Recruitment provided in R&P Rules,
there is no room for adopting different criteria for awarding marks for
physical efficiency test, written test or participation in NCC, NSS, sports
and other cultural activities etc. and only 10 marks are there, available
with Recruitment Committee but therein also, criteria has been provided
to test the candidate's knowledge regarding customs, culture and dialects
of Himachal Pradesh and suitability for appointment in the peculiar
conditions prevailing in State viz-a-viz evaluating the candidates'
personality, confidence and aptitude for the job and, thus, by and large, a
uniform pattern is applicable for awarding the marks by different
Recruitment Committees in different Circles and, therefore, it has been
.
canvassed that plea of petitioners that criteria for preparing the merit list
of direct recruits in different Circles varies according to temperament and
expectations of circle level Recruitment Committee is not sustainable.
7 Recruitment to the post of Forest Guards as well as Deputy
Forest Rangers, initially, was governed by Himachal Pradesh Deputy Forest
Rangers and Forest Guards Class III (Executive Section) Recruitment,
Promotion and Certain Conditions of Service Rules, 1978. Rules 11(2) and
11(3) read as under:-
"(2) The inter-se-seniority of the direct recruits will be
in accordance with the merit prepared by the
Selection Committee.
(3) In respect of all the Deputy Forest Rangers the
seniority list will be prepared and maintained by the
Head of Department and that of the Forest Guards of
the Circle by the Conservator concerned."
8 Annexure to these Rules provides that 60% posts of Deputy
Forest Rangers shall be filled by way of promotion from amongst
matriculate Forest Guards with five years service as Forest Guard and 40%
by way of direct recruitment. Notes 'l' and 'r' to Annexure to R&P Rules
dealing with recruitment/promotion to the post of Deputy Forest Rangers,
are as under:-
"(l) The Chief Conservator of Forests may constitute
more than one D.P.C./Selection Committee in the State
for the purpose of recruitment/promotion of Dy. Forest
.
Rangers but he shall prepare a joint list of merit for
the purpose of seniority before the orders of
appointment are issued.
(r) promotion to the posts of Deputy Forest Rangers
will be made by seniority subject to rejection of unfit."
In the year 2003, separate Rules with respect to Forest
Guards known as Himachal Pradesh Forest Department, Forest Guard,
Class-III (Non-Gazetted) (Executive Section) Recruitment and Promotion
Rules, 2003 were framed, and by repeal and savings, as provided in Rule 2
thereof, Rules 1978 as well as Rules 1996 as amended from time to time
with respect to Forest Guard were repealed. Therefore, after 2003, R&P
Rules to the posts of Forest Guard and Deputy Ranger were separated.
Thereafter, appointment and promotion with respect to post of Deputy
Rangers is continuing to be governed by Rules of 1978 whereas
appointment and promotion with respect to post of Forest Guard is
governed by separate R&P Rules. Initially, it was governed by Himachal
Pradesh Forest Department, Forest Guard, Class-III (Non-Gazetted)
(Executive Section) Recruitment and Promotion Rules, 2003, which were
further amended in 2007 and 2014.
10 Petitioners are appointees of process undertaken under Rules
2003 as amended in the year 2007. The procedure for recruitment of
Forest Guards, by and large remained same in Rules 2014 as it was in the
year 2007.
.
11 Referring Rule 17(v)(a) of Rules 2003 as amended vide Rules
2007 as well as Rule 17(8) of Rules 2014, which is identical provision in
both Rules, it has been contended that seniority of Forest Guards is to be
maintained at Forest Circle level as no inter-circle transfer of Forest Guard
is permissible unless concerned official forgoes the seniority in the parent
circle and on transfer, he shall be assigned seniority in new circle from the
date of joining of circle and further that this Rule provides determination
of seniority on the basis of date of joining.
12 It has been contended on behalf of respondents that though
process in the year 2007, for filling up 583 posts of Forest Guard in all
Circles, was initiated on 20.7.2004 and written test was conducted on one
and same day, but process in various Forest Circles was completed by
concerned Recruitment Committee on different dates resulting into
issuance of appointment letter in different forest Circles on different dates
and in Circles i.e. Rampur, Shimla and Nahan appointment letters were
issued in September 2007 whereas in remaining Forest Circles
appointment letters were issued on later dates i.e. in November, 2007 and
resultantly joining of appointees in Rampur, Shimla and Nahan took place
earlier to appointees of other circles. Therefore, despite being appointees
of one and same recruitment process, initiated simultaneously in all Forest
Circles, because of delay in declaration of result and issuance of
appointment letters, private respondents and others shall suffer for no
fault on their part, in case seniority list is prepared on the basis of joining
.
date.
13 Referring Chairman Puri Gramya Bank and another vs.
Ananda Chadra Das and others, reported in (1994)6 SCC 301;
Bimalesh Tanwar vs. State of Haryana and others, reported in AIR
2003 SC 2000; and Suresh Chandra Jha vs. State of Bihar and
others, reported in (2007)1 SCC 405, it has been contended that
seniority of appointees of one and the same process is to be governed by
common merit list of the appointees on the basis of their gradation in
merit list but not on the basis of issuance of appointment letters or date of
joining or on the basis of length of service.
14 Learned counsel for petitioners has contended that seniority
of petitioners has been notified in the year 2010 and has been again
circulated, as it stood on 1.10.2015, in the year 2015 and thereafter on
27.12.2018, as it stood on 1.1.2018, and, therefore, respondents-authority
has no right to unsettle or disturb the settled position of seniority of
petitioners as held in K.R. Mudgal and others vs. R.P. Singh and
others reported in (1986)4 SCC 531; and Shiba Shankar Mohapatra
vs. State of Orissa and others reported in (2010)12 SCC 471.
15 Referring Vimla Kumar Jain vs. Labour Court, Kanpur
reported in AIR 1988 SC 394; and T.Kannan and others vs. S.K.
Nayyar and others reported in (1991) 1 SCC 545, it has been
contended that in absence of any relevant Rules for seniority/promotion
the length of service will be taken into consideration and it would also
.
satisfy the test of Article 16 of Constitution of India. By relying upon
N. Subba Rao etc. vs. Union of India and others reported in (1972)2
SCC 862, it has been contended that seniority of employee on the basis
of integration/merging of two or more cadres/services, is to be determined
on the basis of length of service.
16 Putting reliance upon APSEB vs. R.Parthasarthi, reported
in (1998)9 SCC 425, it has been contended that benefit of past service
for purpose of seniority cannot be denied and therefore, service rendered
by petitioners, prior to joining of other Forest Guards who have been
appointed in other Circles after joining of the petitioners, cannot be
ignored for determining their seniority.
17 As reiterated in Bimlesh Tanwar's case, it is well settled
that in absence of Rules governing seniority, an executive order may be
issued to fill-up the gap and in absence of a Rule or executive instructions,
the Court may have to evolve a fair and just principle which could be
applied in facts and circumstances of case.
18 It is also settled that employer has a right to determine
transparent, fair and impartial criteria for selection to a post through
appointment or by way of promotion. It is also well settled that amongst
appointees of one and the same recruitment process inter-se seniority is
determined on the basis of merit in selected list prepared in the said
recruitment process.
.
19 No doubt, provisions of Rules 1978 are not applicable to the
Forest Guards for framing of separate R&P Rules for them. However,
promotion to the post of Deputy Ranger shall be governed by provisions of
Rules 1978 which, in Note 'l' and 'n' to Annexure to these Rules, 'quoted
supra' provide that promotion to the post of Deputy Forest Range Officer
will be made on the basis of seniority subject to rejection of unfit and for
recruitment/promotion to State cadre post of Deputy Forest Rangers,
Authority
has power to constitute more than one DPC/Selection
Committees in the State but with rider that authority shall prepare a joint
list of merit for the purpose of seniority before passing/issuing orders of
appointment, meaning thereby that joint list of merit is to be prepared at
State level by amalgamating seniority list of various Forest Circles for the
purpose of determining seniority for promotion to the post of Forest
Deputy Ranger.
20 Rules 2003, Rules 2007 and Rules 2014 do not provide any
procedure or method for amalgamation of various seniority lists or
preparing seniority list in a circle. In absence of specific provision, General
Rule, as propounded and upheld by the Apex Court also, as evident from
the pronouncements referred supra, seniority of direct recruits shall be
determined in the order of merit in selection list subject to adjustment of
candidates selected on applying the Rule of reservation and roster and as
such, seniority of those, appointed under the same recruitment process,
shall be assigned from their order of merit in the appointment order and
.
not from the dates of their joining. Rule 17(v)(a) of Rules 2003 as
amended by Rules 2007, and Rule 17(8) of Rules 2014 speak about
maintaining seniority at Forest Circle level but it is not for the purpose of
promotion to the post of Deputy Forest Ranger but it speaks about
permissibility and impermissibility of transfer of a Forest Guard from one
Forest Circle to another Forest Circle and providing a condition for transfer
to forgo the seniority in the parent Circle. These provisions also do not say
that seniority of Forest Guards who are appointee of the same selection
process is to be determined on the basis of date of joining or length of
service. Date of joining is basis for determining seniority only in case of
joining another circle after inter-circle transfer after loosing seniority of
service in previous circle. There is silence about the manner in which
seniority shall be determined at the time of initial recruitment. There is
also no specific provision for determining the seniority or amalgamating
the seniority list of various Forest Circles for the purpose of promotion to
the post of Deputy Forest Ranger. Rules 1978 provide promotion to the
post of Deputy Forest Ranger on the basis of seniority. Post of Deputy
Forest Ranger is State cadre post and, therefore, seniority of Forest Guard
is to be considered at the State level by amalgamating his seniority with
the Forest Guards working in other Forest Circles. No specific procedure
has been provided for that. Therefore, respondents' authority is
competent to issue instructions and guidelines for that and, therefore,
instructions dated 8.8.2019 are within the domain and power of
respondents authority.
.
21 Next question requires to be considered is that whether the
instructions provide impartial, fair and transparent criteria for
causing/refixing the seniority of Forest Guards for the purpose of
promotion to the post of Deputy Forest Ranger or not.
22 As discussed supra, seniority of appointees of one and the
same recruitment process is to be determined on the basis of merit. In
present case, recruitment process for 583 posts was initiated on one and
the same date i.e. 20.4.2007 by providing identical criteria of Physical
Efficiency Test, conducting a Written Examination at State level and
making evaluation of written papers by one and the same Agency UHF on
one and the same time. Thereafter, process of Personality Test was
bifurcated by assigning it to various circle level Committees but with a
prescribed criteria for awarding the marks. Therefore, all 583 appointees
are to be considered appointees of one and the same selection process,
particularly for the purpose of determining interse seniority amongst them
for considering their candidature for promotion to the post of Deputy
Forest Ranger, by amalgamating the merit list of each Forest Circle on the
basis of order of merit by taking into consideration their marks in the
selection process. All 583 candidates are appointees of one and the same
selection process and conducting of interview and declaration of result
was not in their hand and delay in interview or declaration of result has
caused their joining later than the petitioners or some other serving in
other Forest Circles. Therefore, they should not be made to suffer on
.
account of mis-management, lack of coordination or laxity on the part of
Recruitment Committee for one reason or the other. There may be
possibility of granting marks, out of 10 marks, kept for personality test
liberally by one Committee or conservatively by another but at the same
time, date of joining on the basis of offer of appointment made on
different dates, but for appointment to the post advertised at one and
same time undertaken to be filled with one and same selection process
cannot be made basis for determining the seniority amongst appointees of
the same process. It is also noticeable that for appointment to various
posts Himachal Pradesh Public Service Commission as well as Staff
Selection Commission Hamirpur also constitute different Boards for
personal interview for selection to the post advertised through one and
the same Advertisement, Agency and undertaken to be filled through one
and the same process. Whenever there are large number of posts causing
call of interviews to large number of candidates, merit in such recruitment
process is prepared but after amalgamating the award list prepared by
different Selection Committees particularly when Selection Committees
have to award marks on fixed standard and criteria with limited or least
choice to deviate it.
23 Therefore, I find that there is no illegality, irregularity or
infirmity or perversity in the impugned instructions dated 8.8.2019
directing to recast the seniority as per merit gained in Direct
Recruitment/Limited Direct Recruitment for the purpose of promotion of
Forest Guards to the post of Deputy Forest Rangers.
.
24 Respondents authority can amalgamate the merit list of
various Forest Circles only with respect to those candidates who are
appointee of one and same recruitment process but not of those who have
been appointed by undertaking different recruitment process either prior
to or after a particular recruitment process.
Before parting, I consider it necessary to issue direction to
respondents that in future as and when recruitment process is undertaken
for filling up the posts of Forest Guard in various Forest Circles, at State
level, then one and the same Advertisement must be issued to fill-up such
posts by prescribing the common dates of completion of various levels i.e.
Screening, Physical Efficiency Test, Written Examination, result of Written
Examination, conducting Interview for Personality Test and declaration of
Final Result in every Forest Circle and also for issuance of appointment
letter(s) in all Forest Circles so as to avoid any controversy like present
one in future.
Petitions stand dismissed accordingly including all pending
miscellaneous application(s), if any in aforesaid terms. Interim order(s)
stand vacated.
August 22, 2022 (ms) (Vivek Singh Thakur)
Judge
