BHUPENDRA SINGH BIST Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus commanding the respondents to appoint petitioner as Forester in Garhwal Circle of the Forest Department. He has also sought payment of salary w.e.f. 11.7.1988, treating the petitioner, who is a Forest Guard, as Forester, for said period.

(2.) HEARD earned Counsel for the parties and perused the record.

(3.) THE respondents contested the petition and filed their counter -affidavit, wherein it has been admitted that the petitioner's father Sohan Singh Bist was a Forester, who died on 15.9.1987. Denying the rest of the contents, as stated in the petition, it is pleaded by the respondents that the Conservator of Forests interviewed the petitioner, and he was found unfit for the post of Forester. However, considering the other factors, appointment on compassionate ground was given to him on the post of Forest Guard, in July, 1988, and the petitioner in pursuance of said letter dated 28.7.1988, joined his duties, on 11.8.1988. It is stated in the counter -affidavit that after the period of seven years, now, the petitioner is agitating that he should have been appointed as Forester. It is further stated in the counter -affidavit that the petitioner has no right to be appointed on the post of Forester. It is further stated in the counter -affidavit that the petitioner was found fit for the post of Forest Guard only, as such, he was rightly appointed on said post.