DEVENDRA KUMAR NIRALA Vs. PARIYOJNA NIDESHAK AND ORS.

JUDGEMENT

(1.) Present petition is filed seeking a writ of mandamus, commanding the respondents to grant benefit of the Government Order dated 24.11.2011 to the petitioner and to pay him all the perks and wages payable to the Foresters w.e.f. 24.11.2001.

(2.) Brief facts of the present case, inter alia, are that the Government of Uttar Pradesh, vide Government Order dated 31.12.1982, was pleased to provide that Forest Guards be appointed in different Water Shed Projects in different forests, as per the U.P. Lower Sub-ordinate Forest Service Rules, 1980; petitioner was appointed purely on temporary basis as Forest Guard vide appointment letter dated 06.06.1984 in Water Shed Department at Machlad, Pokhra, Garhwal; petitioner was transferred from different Water Shed Departments in different Forest areas time to time; petitioner was promoted from the post of Forest Guard to Plantation Jamadar vide order dated 30.09.1992; after the creation of the State of Uttarakhand, State of Uttarakhand was pleased to issue Government Order dated 21.11.2001 making provision that all the Forest Jamadar/Forest Moharrir working in different places in Forest Department shall be deemed having been appointed on the post of Forester (Van Daroga) under the Subordinate Forest (Ranger, Deputy Ranger, Foresters) Service Rules, 1951; further making provision that all the sanctioned posts of Forest Jamadar/Moharrir shall be treated as sanctioned post of Foresters; all the Forest Jamadar and Moharrir were given benefit of the Government Order dated 24.11.2001, however, same benefit was not extended in favour of the petitioner; feeling aggrieved, petitioner has preferred present petition.

(3.) I have heard Mr. K.N. Joshi, learned counsel appearing for the petitioner, Mr. A.K. Joshi, learned Addl. C.S.C. appearing for the respondents and have carefully perused the record and relevant Rules.