STATE OF U P Vs. BIPIN CHANDRA BHAGAT

JUDGEMENT

(1.) BIPIN Chandra Bhagat filed his claim petition for quashing an order cancelling his promotion to the post of Junior Clerk and restoration of the post of Junior Clerk in which he has been working since 1991. He is respondent No. 1 in the petition. He was appointed to the post of Forest Guard on 18th March 1983. Since then he has been working as a Junior Clerk. He was selected to the post of Junior Clerk by a Selection Committee on 18th June 1990. He was given an appointment order appointing him on substantive basis as a Junior Clerk. That order is dated 25th June 1989. That order was cancelled on 9th July 1998. It is that order, which is under challenge.

(2.) IN reply, the opposite party namely, State of U.P., contended that Bipin Chandra was appointed as Forest Guard in 1983 under Lower Subordinate Forest Service Rules, 1980. That, 90% posts of Forest Guard were to be filled by direct recruitment and 10% by promotion, under those Rules. That, those Rules of 1980 were amended in 1982 which came into force with effect from 1st March 1979 which provided for promotion of Forest Guards to the post of Forester. The post of Forester was a class -III post. The Rules were further amended in 1995 under which 50% posts of Foresters were to be filled by Forest Guards, Jamadars and Moharirs.

(3.) ON the other hand, the U.P. Government had framed U.P. Forest Department Clerk Cadre Service Rules in 1981, which provided for recruitment to the post of Junior Clerk at an entry point. Under those Rules of 1981, the post of Junior Clerks were to be filled by direct recruitment only. According to the State of U.P., Bipin Chandra was wrongly promoted to the post of Junior Clerk because he was a Forest Guard whose promotion was to the post of Forester under the above mentioned Subordinate Forest Rules, 1980. According to the State of U.P., the promotion of Bipin Chandra was illegal and, therefore, by the impugned order dated 9th July 1989, the promotion was cancelled. Therefore being aggrieved, the claim petition was filed before State Public Services Tribunal by Bipin Chandra Bhagat. It is important to note that in the written statement the State of U.P. has not denied the averments of Bipin Chandra to the effect that he has been working as a Junior Clerk from 1991 and that he was selected by a committee for that post on 8th June 1990.