R LALDINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner was appointed as Surveyor on adhoc basis and was posted at Kolasib under the Divisional Forest Officer in accordance with the Mizoram Forest Department Class III Posts, Recruitment Rules, 1975 vide order dated 16th May, 97. On completion of the Control Surveying Computation Course, the petitioner services was regularised w.e.f. 24.1.86. The adhoc services rendered by the petitioner was directed to be counted for the purpose of seniority, fixation of pay and for promotion to the higher grade.

(2.) On 11.12.92, in exercised of the powers conferred by the proviso under Article 309 of the Constitution of India, framed rules relating to recruitment to the post of Rangers. The State Govt. 50% of the posts of Rangers were to be filled- in by promotion and 50% by direct recruitment, the posts of Surveyors is one of the feeder post for promotion to the post of Ranger. The requisite qualification for the Surveyor for promotion under the rules, 1992 is 7 years regular service in the grade with "practical experience" in forest works.

(3.) On 26.7.2001 DPC met for consideration of the cases of the offices for the promotion to the post of forest Rangers, the petitioner's case was also considered and DPC found that he is not eligible for consideration for promotion to the post of forest ranger as he does not have "practical experience" in forest work. The DP.C has recorded as under: