JAGDISH CHANDER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Jagdish Chander and four others, Forest Rangers working in the State of Haryana, in this petition filed under Articles 226 and 227 of the Constitution of India seek writ of mandamus directing the respondents State of Haryana and the Chief Conservator of Forests to fill all the vacancies in the Haryana Forest Department (State Service Group 'B'), in accordance with the Service Rules, as existing before July 25, 1983 when Haryana Forest Department (State Service Group 'B') 1st Amendment Rules, 1983 came into force. Interim relief was also sought that the respondents be restrained from making any promotions in accordance with the amended rules as aforesaid depriving the petitioners of their right of promotion to Class II Service. During the pendency of the petition, on an application made, Uma Shankar and five others were impleaded as respondents. According to them, they were promoted in accordance with the amended rules.

(2.) The petitioners joined the service as Forest Rangers as direct recruits during the period 1971 to 1974. Before actually joining as Forest Rangers, they got training from Northern Forest Rangers College, Dehradun. As per Haryana Forest Department (State Service Group 'B') Rules, 1980, promotion to the post of Extra Assistant Conservator of Forests was to be made from amongst the Forest Rangers 66⅔% and by direct recruitment 33⅓%. The academic qualifications for promotion from amongst Forest Rangers were provided in Appendix 'B' as under:-

(3.) While contesting the writ petition, respondent Nos. 1 and 2 broadly admitted the facts as stated in the writ petition. However, it was stated that before amendment, Forest Rangers possessing Ranger's Certificate of Northern Forest Rangers College, Dehra Dun could be considered for promotion. However, those of the Forest Rangers, who were recruited to service by promotion from the post of Deputy Forest Rangers, did not possess the certificate from Dehra Dun College and thus they were not eligible for further promotion. This was a case of hardship with such promotees who were doing the same duties and sharing responsibilities like those of other Forest Rangers who possessed Certificate from Dehra Dun College. In order to meet the canons of justice, the matter was considered thoroughly and amendment in the rules was made. According to the amended rules, promotee Forest Rangers as well as directly recruited Forest Rangers can be promoted to the post of Extra Assistant Conservator of Forests. With respect to the vacancies existing before the amendment of the rules, it was stated that the position was not correctly stated by the petitioners. Ten posts of Extra Assistant Conservators of Forests were not vacant but only three posts were vacant. Seven posts of higher ranks were available. The proposal was sent by respondent No. 2 to the Government for considering to fill up those posts on ad hoc basis and not ten vide letter dated July 8, 1972. The matter of amendment of rules was under active consideration of the Government. Thus that proposal was not considered appropriate and necessary action was required to be taken after amendment of the rules. The revised proposal was sent by respondent No. 2 keeping in view the amended rules and seven Forest Rangers were promoted on Oct. 3, 1983 on ad hoc basis. Putting up of pressure by the promotees on respondent Nos. 1 and 2 was denied. However, it was stated that there was great hardship caused to the promotee Forest Rangers who could not be promoted in the absence of necessary provision in the rules. On that account, respondent No. 1 did not think appropriate to promote the petitioners on the basis of the proposal sent by respondent No. 2 vide letter dated July 8, 1972. In the written statement filed by Same Ram and others, respondent Nos. 3 and 5 to 8, the challenge was made to Rule 7 of Haryana Forest Department (State Service Group 'B') Rules, 1980 being violative of Articles 14 and 16 of the Constitution of India. Reference was made to the previous rules of 1941 and 1944 which were ultimately substituted by the rules of 1980. Briefly, the challenge is that prior to the rules of 1980, Forest Rangers used to be recruited directly as well as by promotion from Deputy Forest Rangers. In the case of promotees, they used to have Certificate of Training from Recognised Schools whereas directly recruited Forest Rangers used to be imparted training in the Dehra Dun College. However, after joining as Forest Rangers, the direct recruits and the promotees formed one amalgamated Service performing similar duties and sharing similar responsibilities. They had equal chances of promotion to the post of Extra Assistant Conservator of Forests. By enorcement of 1980 Rules aforesaid, all the chances of promotion of the promotees Forest Rangers were stopped as academic qualification for promotion was of a Certificate from the Dehra Dun College from where only direct recruits had taken the training before joining as Forest Rangers. This classification for providing channel of promotion only to the direct recruits and ignoring the promotees was discriminatory and violative of Articles 14 and 16 of the Constitution of India.