R.K. SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of CWP Nos.4891; 6028; 5446; 7397; 11955 & 27537 of 2013 and CWP No. 22798 of 2012 filed by the promotee members of the State Forest Services against the orders dated 25.5.2011 and 5.11.2012 passed by the Additional Chief Secretary, Government of Haryana; and CWP Nos. 14858 of 2011; 4975 of 2013; 5016 of 2013; 6128 of 2013; filed by the direct recruit members of the State Forest Services. Since the issue is common in all the writ petitions, all the cases are being taken up for decision together. However, for facility of reference, the facts are taken from CWP Nos. 6028 of 2013 and/or 4891 of 2013.

(2.) The Haryana Forest Department (State Service Group (B) Rules, 1980 (for short 'the Rules') were published on 24.4.1980 after repealing the Punjab Forest Service Class-II Rules, 1941. All the petitioners were appointed after the commencement of the Rules either by way of direct recruitment or by way of promotion, therefore, it is these Rules which are applicable to all the members of the service. It may further be noticed that in terms of Rule 2(h) of the Rules, service means, the Haryana Forest Department State Service, Group-B. In terms of Rule 3, the service comprises the posts as shown in Appendix-A. 66-2/3% of the posts are to be filled up by promotion amongst the Forest Rangers and 33-1/3% by direct recruits in terms of Rule 9 of the Rules. In terms of Sub-clause (2) of Rule 9, promotions are required to be made by selection in consultation with the State Public Service Commission on senioritycum- merit basis, but the seniority alone shall not give anyone the right of appointment. It is Rules 11, 12 and 13 of the Rules, which require adjudication of this Court. For facility of reference, the same are extracted below:-

(3.) On 9.7.1999, 20 Forest Range Officers (including the petitioners) were promoted to the post of Haryana Forest Service Group-B, on purely temporary ad hoc basis. The services of 24 Officers, including the petitioners, were regularized on 18.9.2003 from the date mentioned against their names such as of Shri O.P.Sharma and Shri R.K.Sharma with effect from 9.7.1999, the day they were promoted on ad-hoc basis. Another order was passed on 16.1.2008, revising the date of regularization of services of certain other officers. Later, on 26.6.2007, O.P.Sharma and R.K. Sharma were confirmed with effect from 7.4.2003 and 1.10.2005 respectively on the availability of permanent vacancies. The State Government passed an order on 9.3.2010 modifying the order dated 26.6.2007 so as to confirm the services of O.P. Sharma from 11.1.2001 and that of R.K. Sharma from 4.2.2005. Such order was again modified on 7.4.2010 in partial modification of the orders dated 26.6.2007; 18.6.2009 and 9.3.2010, consequently, the date of confirmation of R.K. Sharma was changed to 26.5.2003 while there was no change in the date of confirmation of O.P.Sharma. This order of 7.4.2010 was withdrawn on 16.11.2010. There is no dispute about the orders of confirmation and regularization of the services passed upto 16.11.2010.