PASHABHAI RATNABHAI VANKAR 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 and 2 have been serving since 1.1.1991 and 2.4.1993 respectively. 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 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 but thereafter by another 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 on 28.10.1998 the petitioners were declared 'pass'. 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 amongst them. The petitioners were thereafter taken for medical test at Civil Hospital, Himatnagar, wherein also the petitioners were declared successful. The department prepared a list of 37 successful candidates for appointment as Beat Guards. In that list, the names of the present petitioners are at serial nos.24 and 31. A copy of that list is produced at Annexure 'C' to this petition.