J.P. Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7491 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



WRIT PETITION NO.                                   18588 /2010
Parties Name                     J.P. SAHU
                                      VS.
                                 THE STATE OF MADHYA PRADESH & OTHERS.
Bench Constituted                Single Bench
Judgment delivered By            HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether          approved   for YES/NO
reporting
Name of counsel for parties For petitioner: Ms. Akansha Singh, Advocate.

                                 For Respondent/State: Shri Ritwik Parashar, Panel

Lawyer.

Law laid down                    -
Significant          paragraph -
number


                                     (O R D E R)
                                     17/11/2021

Petitioner has filed this writ petition making a prayer to direct the

respondents to promote the petitioner on the post of "Forester" on the

basis of Selection Committee recommendation from the date he was

found fit and eligible by Selection Committee and to grant him all

consequential benefits arising therefrom.

2. It is submitted by counsel appearing for the petitioner that petitioner

has filed an application for consideration of his case for out of turn

promotion. His case was forwarded by District Forest Officer, Vanmandal

Umaria to Conservator of forest, Shahdol on 13.12.2002 and

recommendation was made in his favour. Conservator of Forest has further

forwarded the name of petitioner to Principal Conservator of Forest.

Petitioner's name was not considered for out of turn promotion, therefore,

petitioner had filed a representation before the authority but same has not

been considered and decided.

3. Learned counsel for the petitioner relied on Rule 15 (4) of Madhya

Pradesh Class-III non ministerial Forest Service Recruitment Rules, 1999.

Rule 15 is quoted as under:-

"15. Appointment by promotion - (1) There shall be constituted a committee consisting of members as mentioned in Schedule-IV for making a selection for promotion of eligible candidates :

Provided that, for the purpose of constitution of the committee under this sub-rule, the provision of Section 8 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhada Vargon ke Liye Arakshan) Abhiniyam, 1994 (No. 21 of 1994) shall be adhered to.

(2) The departmental promotion committee shall meet at such intervals ordinarily not exceeding one year.

(3) For employees promoted from Deputy Ranger to Ranger posts, it is necessary for them to take the 6 months training in any Forest Ranger College in India. It is also necessary to take the said training within two years from the date of promotion. The increment shall be not be granted to that employee promoted on the post of Ranger until he gets prescribed training.

(4) Out of turn Promotion - Employees who display extraordinary courage in checking illicit felling of trees protecting forests and forest land and wildlife at the risk of their lives, checking poaching, seizing hides, hornes and bones of wild animals, protecting forest wealth from fire at the risk of their lives and performing excellently in afforestation and other development work etc. shall be given "out of turn promotion" subject to the following conditions:-

(a) Employees who have done excellent work in the above fields and have maintained this level for minimum of three years.

(b) In the cases proposed by the employee, the court has passed the order for punishment after finding the accused guilty.

(c) The valuation of excellent work relating to the employee shall be done by the officer not below the rank, of Conservator of Forests and work of the employee has been graded best in comparison to all employees working in the circle.

(d) There should be not complaint or departmental enquiry ordered or proposed against such employee.

(e) Total posts in each cadre shall be limited to a certain percentage of permanent post of the cadre for out of turn promotion.

(f) The proposal of out of turn promotion shall be initiated by Conservator of Forests and the competent officer will issue the orders after approval by the Principal Chief Conservator of Forests."

4. Learned counsel for the petitioner further submitted that petitioner

meets out the criteria which is laid down for grant of out of turn promotion,

therefore, looking to the excellent service record of petitioner, respondents

be directed to give petitioner out of turn promotion.

5. Learned counsel appearing for respondents submitted that petitioner

was not found fit to be promoted out of turn. Recommendation for petitioner

has been made by Circle Level Committee and same was forwarded to State

Level Committee which is the final authority. State Level Committee has

not found petitioner fit for out of turn promotion and his name was not

recommended. Minutes of meeting of State Level Screening Committee

held on 07.07.2003 was filed by respondents and placed on record as

Annexure-R/1. As per said report, petitioner's name was not recommended

for out of turn promotion as petitioner has shown his achievement only in

year 2002. Name of petitioner was again considered on 08.11.2004 and his

name was not recommended as his ACRs for last five years was not

excellent. It is submitted that case of petitioner was considered and his name

was not recommended for out of turn promotion as petitioner does not meet

out the criteria laid down for out of turn promotion.

6. During course of argument, it is submitted by counsel for the

petitioner that as per criteria work done by a candidate for minimum period

of three years is to be considered and not for period of five years, therefore,

name of petitioner was not recommended contrary to the Rules 15(4)(A) of

Recruitment Rules, 1999 and respondents be directed to reconsider the case

of petition for grant of out of turn promotion.

7. Heard the counsel for petitioner as well as State.

8. Criteria laid down in Rules for out of turn promotion requires that

candidate has done excellent work in checking illicit felling of trees,

protecting forests, forest land, wildlife at the risk of their lives, checking

poaching, seizing hides, horns and bones of wild animals, protecting forest

wealth from fire at the risk of their lives and performing excellently in

afforestation. Gradings of a candidate must be to excellent which is laid

down in said Rules.

9. Minutes of meeting show that grading of petitioner was not excellent

for last five years. petitioner has filed his five years ACRs as Annexure-

RJ/2. Petitioner was given following grading in five years:-

             Sr. No.              Year               Grades
                1.            1998-1999                    A+
                2.            1999-2000                    A
                3.            2000-2001                    A+
                4.            2001-2002                    A
                5.            2002-2003                    A

Considering the aforesaid grades, it is clear that petitioner did not

received excellent grading even for period of three years. Only for period of

two years i.e. 1998-1999 and 2000-2001 petitioner was given excellent

grades.

10. In view of same, it cannot be said that petitioner was having all the

criteria as mentioned in the Madhya Pradesh Class-III (Non-Ministerial)

Forest Services Recruitment Rules, 1999 and he was denied out of turn

promotion. Petitioner's case was considered twice and he was not found fit

for out of turn promotion.

11. In view of aforesaid facts and circumstances of the case, writ petition

filed by petitioner is dismissed.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2021.11.18 17:17:19 +05'30'