PUSHKAR SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This group of petitions involves a common issue, namely that the advertisement inviting applications for appointment on the post of Forest Guard should be quashed and that the Petitioners should be given appointments on the post of Forest Guards on the basis of their names being found in the earlier select list. For facility, the facts in Writ Petition No. 698 of 2009 (S/S) is being taken into consideration. The Petitioners in this petition are from District Tehri Garhwal and have contended that they have worked on the post of Chaukidar as a seasonal worker for the last 18 months and, that an advertisement was issued in July, 2008 inviting applications for the post of Forest Guard. The Petitioner Nos. 1 to 8 were working in the Muni-ki-Reti Division and the Petitioner Nos. 9 to 16 were working in New Tehri Division. Based on the aforesaid advertisement, the Petitioners applied and underwent a physical test as well as a written test. The Petitioners were selected and their names were found in the select list. However, the Petitioners could not be given appointments on the post of Forest Guard since the vacancies so advertised were filled up from the candidates, who were above the Petitioners in the merit list.

(2.) It transpires that the Respondents took a policy decision on 08th August, 2008 resolving that if the eligible candidates in a division were more than the sanctioned post, then the excess candidates would be considered for giving appointments in other divisions or circle where a vacancy existed. The same policy decision was reiterated in the meeting held on 06th October, 2008 and again on 13th October, 2008. Based on the aforesaid policy decisions, the Chief Conservator of Forest, Bhagirathi Circle issued a letter dated 27.11.2008 directing the District Forest Officer to appoint eligible candidates from other divisions wherever the post of Forest Guard were found to be vacant. Similarly, on 06th March, 2009, the Deputy Conservator of Forest, Uttarkashi issued directions to the District Forest Officer to send the application form of such candidates. Similar directions were again issued by the Deputy Conservator of Forest by its letter dated 13.03.2009. By another letter dated 16th March, 2009, the Chief Conservator of Forest directed the Conservator of Forest, Bhagirathi Circle to direct the Divisional Forest Officer, Uttarkashi to make appointment from such eligible candidates. Similar directions were issued by the Chief Conservator of Forest, Garhwal Region, Dehradun by its letter dated 15th May, 2009. Inspite of such directions, no such appointments were made and, eventually, an advertisement dated 23rd June, 2009 was issued inviting applications to fill up the vacant post of Forest Guards. The Petitioners, being aggrieved, have filed the writ petition praying for the quashing of the said advertisement and, further praying that the Petitioners should have been given appointment as per their merit list in the vacancy existing in the division or circle or in any other division in the State of Uttarakhand. Similar writ petitions for District Tehri Garhwal are Writ Petition No. 815 of 2009 (S/S) and No. 905 of 2009(S/S).

(3.) Writ Petition Nos. 875 of 2009 (S/ S), 1277 of 2008 (S/S) and 1177 of 2008 (S/S) have been filed by the Petitioners, who were working in the Champawat Division and have also contended that out of 23 vacancies, only 13 posts were filled up and therefore, the Petitioners should be absorbed in the remaining vacancy or in any other vacancy in any other division or in other circle in the State of Uttarakhand from the merit list in which their names were found.