ANIRUDDH RAI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Agrawal, J. By means of the present writ petition filed under Article 226/227 of the Constitution of India, petitioner Aniruddh Rai, seeks the following reliefs: " (a) issue a writ, order or direction in the nature of certiorari quashing the Tribunal's judgment dated 16- 1- 1986 (Annexure-III), (b) issue a writ, order or direction in the nature of mandamus requiring the respondents to consider and permit the petitioner to the post of Forester retrospectively w. e. f. The date when his promotion was due and grant him all consequential benefits of seniority, emoluments and arrears of emoluments alongwith interest at the rate of 12% per annum, (c) issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of this case, and (d) award costs of this petition to the petitioner against the respondents. " Briefly stated the facts giving rise to the present petition are as follows:

(2.) ACCORDING to the petitioner, he was holding the post of Plantation Jamadar/ropawani Naik in Social Forestry Division, Jaunpur. He was appointed on the post of Plantation Jamadar on 3rd May, 1978 against a substantive and clear vacancy in District Pratapgarh and has been in continuous service since then. The post is transferable and after serving for different periods in Districts Pratapgarh, Rai Bareily and Azamgarh the petitioner was posted in Jaunpur since June, 1984, which falls under the Varanasi Division/circle. The post of Plantation Jamadar initially did not exist and the hierarchy of lower category Forest Department posts were Forest Guard, Forester, Dy. Ranger and Ranger. The post of Plantation Jamadar was created in the year 1977 within the department of Social Forestry. In the Social Forestry Project the Forest Guards have also been designated as Plantation Guards and Forest Extension Works. All the existing Plantation Guards after the creation of the post of Plantation Jamadar were posted as Plantation Jamadar. The grade of Forest Guard is Rs. 330-490 whereas the grade of Plantation Jamadar is Rs. 345-510 and the grade of Forester is Rs. 354-550. After the creation of the post of Plantation Jamadar, the Forest Guards working in the Social Forestry Section were re-designated as Forest Guard/van Prasar Karta. Prior to creation of the post of Plantation Jamadar, the promotion to the post of Forester was governed by the Subordinate (Forest Rangers, Dy. Rangers) Forest Service Rules, published by Notification No. 434/xiv 194-26 dated 17th April, 1951 (subsequently, amended on 1st February, 1982 ). The aforesaid Rules were framed by the Governor of Uttar Pradesh in exercise of powers under Article 309 of the Constitution of India. Rule 5 (c) (1) provided for 50% of the total number of posts of Foresters may be filled by way of promotion. The post of Plantation Jamadar was filled through direct recruitment to the extent of 50% and the remaining 50% by way of promotion from amongst Forest Guards, which was also provided for in the Junior Forest Service Rules, 1980. The State Government prior to the publication of the Junior Forest Service Rules, 1980, had issued a Government Order dated 14th January, 1977 providing for promotion on the post of Forester and amongst other it provided that not more than 25% Plantation Jamadars, who have been directly recruited, are also eligible to be promoted. The petitioner was posted from 8th June, 1982 to 17th June, 1983 at Azamgarh under the Eastern Circle, Varanasi as Plantation Jamadar. The promotion list for the post of Forester was declared by the Regional Director, Social Forestry in which to the utter surprise of the petitioner he found that while a number of Plantation Jamadars had been promoted as Forester no direct recruited Jamadar has been promoted and persons who were junior to the petitioner as promotee Plantation Jamadars have been promoted. The petitioner made a representation. He also filed a claim petition before the U. P. State Public Services Tribunal, Lucknow in October, 1984 which has been dismissed vide order dated 16-1-1986. The review application filed by the petitioner has also been rejected by the Tribunal vide order dated 22nd March, 1988. The two orders passed by the Tribunal are under challenge in the present writ petition. The petitioner further seeks promotion on the post of Forester retrospectively from the date when his promotion was due and for grant of all consequential benefits.

(3.) LEARNED Standing Counsel submitted that as the petitioner has been promoted vide order dated 17th April, 1989, the cause of action, if any, does not survive and in any event in the absence of any quota having been fixed for promotion of the directly recruited Plantation Jamadars, the question of his promotion from back date does not arise.