KRISHNA NAND JOSHI Vs. STATE OF UTTARAKHAND THROUGH SECRETARY, FOREST, GOVERNMENT OF UTTARAKHAND, DEHRADUN

JUDGEMENT

(1.) IN this appeal, we are concerned with a judgment and ovder passed by a 'earned Single Judge of this Court, whereby and under several writ petitions filed by peo­ple similarly situate to that of the appel­lants, including the writ petition filed by the appellants, were dismissed. In all those writ petitions, same or similar contentions were raised. It was contended principally that for no just reason advertised vacan­cies are not being filled up. In answer to the contentions raised in the writ petitions, the respondents in those writ petitions con­tended that those vacancies did not re­main for being filled up, inasmuch as, those were supplied by transfer from other circles. The learned Single Judge, who dealt with writ petitions, has held that the petitioners with their merit did not stand a chance and, accordingly, they did not have any right which could be said to have been defeated by the action com­plained of. As it appears to us, the learned Judge, while dealing with the writ petition, did not consider how the adver­tised vacancies could be filled n by trans­fer from other circles.

(2.) IN terms of the appropriate Rules, Divisional Forest Officer is required to de­termine the vacancies and to take steps for filling up the same in accordance with the mandate of the Rules. In the instant case, the Divisional Forest Officer did de­termine the vacancies and found that there are 23 vacancies available for be­ing supplied by people who had worked as seasonal workers and belong to open category. In the advertisement, it was mentioned that the said vacancies may be increased or decreased. No doubt, if in the matter of determination of vacancies there had been a mistake, of course, the result-end effect thereof may be either inciaase or decrease in the vacancies. It is also possible that subsequent to determination but before filling up the vacancies, for reasons beyond control, like death, resig­nations, etc., vacancies may increase. At the same time, it was also possible that after such determination the strength of the sanctioned posts could be reduced by a Government decision resulting in de­crease in the vacancies. The Rules nowhere provide that the vacancies thus deter­mined could be reduced by transfers from other Divisions of the Forest. There was, therefore, no just reason not to recruit to the extent vacancies had been advertised. Learned counsel for the State submitted that those transferees did not join; in those circumstances there was no just reason not to fill up those vacancies. We, accord­ingly, direct in modification of the order under appeal to fill up those vacancies in accordance with the mandate of the Rules from amongst the people who responded to the said advertisement.