N K DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) The writ petition has been filed assailing the vires of the recruitment rules called M.P. Class III (Non Ministerial) Forest Service Recruitment Rules, 1967 (hereinafter referred to as the Rules of 1967) and M.P. Class III (Non Ministerial) Forest Service Recruitment Rules, 1999 (hereinafter referred to as the Rules of 1999) inasmuch the seniority of the Forester is being maintained at the forest circle level.

(2.) It is averred in the petition that Petitioner was directly appointed on the post of Forester vide order dated 31.10.1975. He was later on confirmed on 1.3.1977. At the relevant time the rules of 1967 were applicable. As per these rules the Divisional Forest Officer was the appointing authority of the Forester and the appointments used to be made directly and by promotion as per schedule II of the Rules of 1967 (P-2). Later on rules of 1999 were framed, which provides that appointing authority of the Forester is Conservator of Forest and 100% posts are filled by promotion. Seniority of the Forester is maintained circle wise; under rules of 1967 and also under rules of 1999. Next promotion of the Forester is on the post of Deputy Ranger and from Deputy Ranger to the post of Ranger. According to Rules of 1967, the appointing authority of Dy. Ranger was Conservator and as per rules of 1999 the appointing authority is the same. The seniority of the Dy. Ranger is being maintained at the State level. Petitioner was also promoted on the post of Dy. Ranger vide order (P-6) dated 17.6.2005, pursuant thereto posting order (P-7) dated 8.7.2005 was issued. Petitioner had received training at Forest School, Betul from 1.11.1974 to 30.10.1975 and 50 candidates were admitted in the said batch along with the Petitioner. After receiving the training, these candidates were posted as Foresters in different circles of the State. Petitioner was placed at serial No. 6 in the said batch. Candidates of this batch have been promoted on the post of Dy. Ranger much earlier than the Petitioner and they have also been promoted to the higher posts by virtue of their being posted in different circles. In some circles the promotions are being granted quite earlier and in some circles the candidates have to wait for 25-30 years, which has resulted into promotions of several juniors to the Petitioner by virtue of their being posted in different circles. There is also improper distribution of the posts of Dy. Ranger in the circles, which was causing hardship to the Foresters in the matter of promotion. Prayer has been made to quash the provisions of the Rules of 1967 and 1999 so far as it regards to maintaining the seniority of Foresters at the forest circle level. It is prayed that seniority of the Foresters be directed to be maintained at the State level so that there is no discrimination in the matter of promotion. When the selection of Foresters is made on State level, there is no rhyme or reason to accord the seniority at the forest circle level.

(3.) In the return filed by the Respondents, it is contended that in the year 1987 allocation of 1769 posts of Dy. Rangers was made to the Forest Conservators by the Director General of Forests, Bhopal vide his letter (R-1) dated 21.5.1987. As per the aforesaid communication, 1043 posts of Foresters have been abolished and instead of that, an equal number of posts of Dy. Ranger were created. It is on account of this change in the strength of the cadre pf the Dy. Ranger that the aforesaid allocation of posts was made to the different forest circles. It is further contended that in accordance with the aforesaid allotment of posts, Conservator of Forests, Seoni Circle, Seoni was allocated 44 posts of Dy. Rangers and 7 posts were lying vacant totaling 51 posts of Dy. Rangers available to be filled in the year 1987. In order to fill the aforesaid posts, DPC was held on 24.11.1987 and the Petitioner along with others, who were within the zone of consideration, were considered for promotion and as per the recommendations of the committee, promotions were made to 44 posts. Order (R-3) was issued on 24.11.1987. Case of the Petitioner was never recommended by the DPC, there were no posts left, thus for want of vacancy the Petitioner was not recommended for promotion to the post of Dy. Raingers. Petitioner's case was further considered for promotion to the post of Dy. Ranger by the subsequent DPC but because Senior Foresters were available in tKe Seoni Forest Circle, the name of the Petitioner was not considered. However, Petitioner was promoted as Dy. Ranger vide order dated 21.7.2005. Petitioner cannot claim such relief for which he is not directly entitled. Direction passed by the Tribunal in O.A. No. 3551/96 has been stayed by this Court in Writ Petition, later on the order has been set aside. Petitioner has been promoted on the post of Dy. Ranger in seniority list of Seoni Circle Foresters and there was no junior Forester promoted, thus Petitioner was not superseded in the Seoni Circle.