BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India seeking Quashing of the impugned order dtd. 16/4/2024 (Annexure P-4) passed by respondent No.1 whereby the claim of the petitioner has been dismissed illegally and without appreciating the facts and circumstances with furthe prayer to direct the respondents to promote the petitioner as Forest Guard w.e.f. 2003 and as Forester w.e.f. 2013 under the 3% Physically Handicapped quota, with all consequential benefits including arrears, pay fixation and seniority.

(2.) The petitioner is an employee of the Forest Department, Government of Haryana, and is visually impaired. He was appointed as Mali on 12/6/1998. As per the applicable service rules, the next promotional post in the cadre is Forest Guard. The petitioner became eligible for consideration to that post in the year 2003. He was promoted as Forest Guard on 13/8/2007 after the Government granted relaxation of certain conditions prescribed under the Rules.

(3.) The next promotional post in the hierarchy is Forester. Under the Haryana State Forest Employees Group 'C' Service Rules, the post requires ten years' experience as Forest Guard and completion of Forest Guard training. The petitioner became eligible for consideration in the year 2013. On 23/11/2021, the Government granted relaxation from the mandatory training requirement, and he was promoted as Forester with effect from the same date.