LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for issue of a writ of mandamus directing the respondents No. 1 and 2 to treat him as confirmed Forest Ranger with effect from 1.9.1966 and to give him promotion against the vacancy reserved for Scheduled Caste. He has also prayed that appointments of respondents 4 to 7 to the Punjab Forest service Class-II be declared illegal and they be ousted from the posts held by them. Appointment of respondent No.8 has also been challenged on the ground that he was not eligible to be appointed against the reserved vacancy.

(2.) In brief the case set up by the petitioner is that he was selected by the Punjab Subordinate Services Selection Board for appointment as Forest ranger (Stipendary) and in the list prepared by the Subordinate Services Selection Board, his name was placed at No.1 in the order of merit. He was sent for training at the Northern Forest Ranger College, Dehradoon. After successful completion of training, the petitioner was appointed as Forest ranger on temporary basis in the pay scale of Rs.100-300 with effect from 1.10.1963 vide order dated 28.8.1963 issued by the Chief Conservator of Forest, Punjab. A number of persons who were appointed along with the petitioner were confirmed as Forest rangers vide order dated 27/28.10.1966 (Annexure P/5). That order included the names of persons who were lower in merit than the petitioner at the time of selection. By another order dated 6.7.1971, 7 temporary/officiating Forest Rangers were confirmed with effect from the different dates specified in that order. The petitioner was confirmed vide order dated 30.12.1077 (Annexure P/7). Persons junior to the petitioner were promoted to Punjab Forest Service Class II vide orders Annexure P/8 and P/10. The petitioner has pleaded that on the basis of his placement in the merit list prepared by the Subordinate Services Selection Board, he had a right to be preferred in the matter of confirmation vis-a- vis his juniors and the respondents have arbitrarily denied him confirmation with effect from 1.9.1966 i.e. the date when his juniors were confirmed. Likewise, the respondents have discriminated him by placing him junior to those who were below him in the merit list prepared by the Subordinate Service Selection Board. Yet another plea raised by the petitioner is that being a member of the Scheduled Caste, he had a right to be preferred in the matter of promotion for Punjab Forest Service Class II but ignoring his claim junior persons have been given promotion.

(3.) The respondents have contested the writ petition by stating that none of the legal or fundamental rights of the petitioner had been infringed, they have further pleaded that selection made by the Subordinate service Selection Board was meant for sending the candidates for training. Placement of the petitioner at serial No.1 in the merit list prepared by the Subordinate Service Selection Board does not entitle him to claim seniority over others. Respondents have then stated that when the result of the final examination was declared by the Forest Ranger College, Dehradoon, name of the petitioner figured at Serial No.15 and seniority of the candidates was determined with effect from the date of substantive appointment, regarding the claim of the petitioner for confirmation, respondents have pleaded that confirmation of temporary appointee depends upon many factors, like satisfactory service record and that although petitioner's candidature was considered for confirmation along with other temporary Forest Rangers, due to his bad record, he was not found fit for confirmation. He was confirmed in the year 1977 with effect from 28.6.1974. Consequently, those who were confirmed earlier than the petitioner have been treated as senior to him and they have been rightly given promotion to Punjab Forest service Class II posts. In short the case of the respondents is that candidature of the petitioner had been considered as and when other temporary Forest rangers were considered for confirmation but on account of bad service record, he was not found fit for confirmation. Others who were found fit for confirmation were confirmed by the competent authority and the seniority of the substantive employees have been determined in accordance with the Rule 13 of the Punjab Forest Service II Rules, 1944.