AMRATBHAI NAGJIBHAI RABARI Vs. DEPUTY CONSERVATOR OF FOREST

JUDGEMENT

(1.) The present petition is filed by the persons who have been serving as daily wagers in the Social Forestry Division of Sabarkantha Forest Division since many years. Petitioners no.1, 2 and 3 have been serving since 1.7.1987, 1.10.1989 and 1.1.1990 respectively. Petitioners no.1 and 3 belong to Socially and Educationally Backward Class (SEBC) whereas petitioner no.2 belongs to Scheduled Caste. The petitioners were paid daily wage of Rs.69.30 per day.

(2.) It is the case of the petitioners that the State Govt. took a policy decision as to make recruitment to the posts of Beat Guards from daily wagers, like the present petitioners of the Forest Department. Therefore, the Principal Chief Conservator of Forests, Gujarat State issued a circular dated 28.9.1998, a copy of which is produced at Annexure 'A' to the petition. The circular was sent to all the Conservators of Forest of all the circles and divisions. Pursuant to that circular, the daily wagers like the petitioners herein were called for oral interview with their testimonials on 15.10.1998, by call letters dated 12.10.1998 and subsequently by a call letter dated 23.10.1998 for an interview on 28.10.1998. Copies of both the call letters dated 12.10.1998 and 23.10.1998 are produced at Annexure 'B' (Colly.) to the petition.

(3.) It is the case of the petitioners that pursuant to the interview held by the department, the petitioners were declared 'pass' on 28.10.1998. On the next day, i.e. 29.10.1998 the petitioners were called for 'walking test'. As per the information of the petitioners, 42 daily wagers of Sabarkantha Division appeared for the interview and amongst them, the present petitioners were at serial nos.5, 9 and 11. The petitioners were taken for medical test at Himatnagar Civil Hospital, where also they were declared successful. The department prepared a list of 17 successful candidates for appointment as Beat Guards. In that list, the names of the present petitioners are at serial nos.5, 9 and 11. A copy of that list is produced at Annexure 'C' to this petition.