Samarjeet Singh Chandel vs The State Of Madhya Pradesh
2023 Latest Caselaw 15439 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                                     AT JABALPUR
                                          BEFORE

                      HON'BLE SHRI JUSTICE ANAND PATHAK


                        WRIT PETITION No. 28535 of 2021
       Between:-

       SAMARJEET SINGH CHANDEL S/O LATE SHRI
       NAWAB SINGH, AGED ABOUT 62 YEARS,
       OCCUPATION -RANGE OFFICER, POSTED AS
       R.O. KARANJIA WEST (T), DIVISION DINDORI
       (T), DINDORI (MADHYA PRADESH).

                                                                        .....PETITIONER
       (BY SHRI D.K. TRIPATHI - ADVOCATE)
       AND

1.     STATE OF MADHYA PRADESH THROUGH
       PRINCIPAL        SECRETARY,       FOREST
       DEPARTMENT,      MANTRALAY,     VALLABH
       BHAWAN BHOPAL (MADHYA PRADESH)
2.     PRINCIPAL CHIEF CONSERVATOR OF FOREST,
       SATPURA     BHAWAN    BHOPAL    (MADHYA
       PRADESH).
3.     M.P. PUBLIC SERVICE COMMISSION,
       RESIDENCY AREA, INDORE THROUGH ITS
       SECRETARY.

                                                                     .....RESPONDENTS
       (BY SHRI MANU V. JOHN               - PANEL LAWYER AND SHRI S.
       MANCHHARI - ADVOCATE FOR RESPONDENT NO.3)
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        Reserved on                                  :           25-08-2023
        Delivered on                                 :           20-09-2023
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      This petition having been heard and reserved for orders coming on for
pronouncement this day, delivered the following:-

                                  ORDER

1. The present petition under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:

"I. to call for entire relevant record. II. to direct the respondents to convene D.P.C. for promotion on the post of Assistant Conservator of Forest, w.e.f. 1.1.2017 and if otherwise petitioner found eligible he may be promoted on the post. III. any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may also be awarded in favour of the petitioner."

2. It is the submission of learned counsel for the petitioner that at the relevant point of time, he was working as Forest Ranger since 26-02- 2020 and declared permanent vide order dated 07-08-2020 and his name figures at serial No.35. As per M.P. State Forest Services (Recruitment) Rules, 1977 the post of Assistant Conservator of Forest (ACF) was to be filled by two different modes; one is direct recruitment and another is promotion from the post of Forest Rangers. As per rule 79 of the Rules of 1977, criteria for promotion is prescribed.

3. As per rule 6(4) of he M.P. Public Services (Promotion) Rules, 2002,

meeting of DPC shall be held every year. DPC shall consider the suitability of public servant for promotion separately with reference to the vacancies of each year starting with the earliest year onward.

4. Since respondents without any legitimate reason have failed to constitute DPC according to rule 6(4) of the Rules of 2002 therefore, it is effective and statutory right of petitioner. He relied upon the judgment passed by this Court in Writ Petition No.13241/2017 (Dhirendra Chaturvedi Vs. State of M.P.) decided on 16-04-2019 as well as the order dated 09-03-2022 passed in Writ Petition No.14029/2020 (Dr. Rakesh Kumar Sharma & Ors. Vs. State of M.P. & Anr.). He seeks direction for consideration over his promotion.

5. Learned counsel for the respondents opposed the submissions and submitted that respondents shall proceed as per law.

6. Heard.

7. This is a case where it appears that petitioner as a member of unreserved category is seeking promotion on unreserved category's post of Assistant Conservator of Forest.

8. In the case of Dheerendra Chaturvedi (supra) and Dr. Rakesh Kumar Sharma (supra), this Court has considered the impact of judgment of R.B. Rai Vs. State of M.P., 2016 SCC Online MP 747 as well as pending SLP No.13954/2016 at the instance of State of Madhya Pradesh and thereafter issued certain directions to the authorities to convene DPC in respect of those petitioners. The order passed in Dr.

Rakesh Kumar Sharma (supra) is confirmed by the Division Bench at Gwalior Bench in Writ Appeal No.790/2022 and SLP (Civil) No.22793/2022 is pending before the Supreme Court.

9. In the conspectus of things, it is apposite that this petition be also disposed of with the direction to the petitioner to place the certified copy of this order along with his representation, if advised so before the competent authority/respondent and on placing such documents along with certified copy of this order, the respondents shall consider the same and convene DPC in accordance with law as per entitlement/eligibility/suitability of the petitioner/Rangers for promotion to the post of Assistant Conservator of Forest. Needful be done within four months from the date of submission of certified copy of this order.

10. Petition stands disposed of with the above direction.

(Anand Pathak) Judge Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF

KUMAR MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802

CHAUR d068b51dae27e84c266b09d283f0 799e67cdc7df50f, pseudonym=F7E569EA2A8955818 DF870B0C50764B46C526E80, serialNumber=EC534CBB3B245F0

ASIYA 50119F06F4A296DD83C765A1E2A CC6EC7D8BD8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA Date: 2023.09.22 11:22:22 +05'30'