Rajasthan High Court - Jodhpur
Satyanarayan Bhat vs State And Ors (2023/Rjjd/017524) on 25 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/017524]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5034/2015
Satyanarayan Bhat S/o shri Devi Lal Bhat, aged 48 years, R/o
Dhikola, Tehsil Shahpura, District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan through Secretary, Department of
Forest, Govt. of Rajasthan, Secretariat, Jaipur.
2. The Principal Chief Conservator of Forest, Van Bhawan,
Forest Department, Rajasthan, Jaipur.
3. The Conservator of Forest, Forest Department, Ajmer.
4. Dy. Conservator of Forest, Social Forestry, Forest
Department, Bhilwara.
5. Regional Forest Officer, Forest Department, Sahpura, District
Bhilwara.
----Respondent
For Petitioner(s) : Mr. Gopal Acharya
For Respondent(s) : Mr. D.S. Jasol
JUSTICE DINESH MEHTA
Order
25/05/2023
I.A. No.1/2023:
1. For the reasons stated and considering that similar matter
has been disposed of by this Court, the application for early listing
is allowed.
2. The matter is taken up for consideration today itself.
S.B. Civil Writ Petition No. 5034/2015:
1. The present petition has been filed by the petitioner who
has been appointed as Cattle Guard by the respondent
department and was subsequently performing the functions of
[2023/RJJD/017524] (2 of 4) [CW-5034/2015]
Forest Guard. It is the averment of the petitioner that although
he is performing the functions of Forest Guard from last many
years, he has not been absorbed as Forest Guard despite of the
verdict of the Division Bench of this Court in Richhpal Singh &
Ors. Vs. State of Rajasthan and Ors. (D.B. Special Appeal
(Writ) No.405/2007), decided on 01.12.2014.
2. Before averting to the facts of the present case, it is relevant
to note the facts of Richhpal Singh's case (supra). In the said
matter, the petitioner therein had already been absorbed
temporarily as Forest Guards and the dispute arose when they
were not finally absorbed on the said post on the premise that
because of the subsequent amendment in the eligibility conditions,
they ought to have acquired the secondary qualification whereas
they were 8th class pass. Deciding the said dispute, the Division
Bench of this Court held that the subsequent circular dated
26.03.1998 whereby the qualification was amended to
Matriculation in place of Middle Class would not apply to the
petitioners therein and it was directed that the Cattle Guards who
where holding the minimum qualifications prescribed under the
scheme of Rajasthan Forest Subordinate Service Rules, 1963
would be absorbed finally as Forest Guards without resorting to
the circular dated 26.03.1998.
3. A bare perusal of the facts in the present matter would make
it clear that the present petitioner would not be squarely covered
by the ratio as laid down in Richhpal Singh's case (supra).
However by virtue of the circulars dated 14.11.1996 and
12.03.1997 issued by the Principal Chief Conservator of Forests of
Rajasthan, a decision to absorb the workcharge employees who
[2023/RJJD/017524] (3 of 4) [CW-5034/2015]
had completed 10, 9 and 8 years of service till 31.12.1993 were
held entitled to be absorbed against the vacant posts of Forest
Guards. In pursuance to the said circulars, the list of the vacant
seats as well as the workcharge employees working at the
Jodhpur Division was called for by the regional office at Jaipur
and the said list supplied by the Jodhpur authorities comprised of
the names of the present petitioners too. The right, if any to the
present petitioner can be said to be accrued claimed because of
these circulars only. It is admitted on record that in pursuance to
the said circulars of the Department, the names of the persons
entitled to be absorbed as Forest Guards were called for but no
final decision thereupon has been taken.
4. Further, Order dated 03.03.2021 issued by the Principal
Chief Conservator of Forests, Department of Rajasthan has been
placed on record along with the rejoinder whereby it has been
ordered that as per judgment of the Hon'ble Apex Court and the
High Court in various writ petitions, the Standing Order of 1973
would apply in case of work charge employees and their services
would be regularized treating them to be a Government servant.
5. Counsel for the respondents agreed to the fact that the final
decision qua the petitioner would now positively be taken by the
department in terms of the circulars dated 14.11.1996,
12.03.1997 and the subsequent Order dated 03.03.2021.
6. In view of the above submissions, the present writ petition is
disposed of with the directions to the respondent authorities to
consider the petitioner for absorption as Forest Guards in terms
of the circulars dated 14.11.1996, 12.03.1997 and the Order
dated 03.03.2021. If the petitioner is held entitled to be absorbed
[2023/RJJD/017524] (4 of 4) [CW-5034/2015]
in terms of the said circulars, appropriate orders be
passed for their absorption as Forest Guard within a period of 2
months from the date of receipt of the present order.
(DINESH MEHTA),J
25-Ramesh/-
Powered by TCPDF (www.tcpdf.org)
