PARDEEP KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner joined the official respondents department on Class IV post on compassionate ground vide appointment letter dated 29.05.2006. The petitioner was considered as a Mali and was given the charge of Forest Guard independently from 12.05.2010 to 12.02.2015 and assigned the temporary duty for the different period, as is evident from order dated 03.05.2010 (Annexure P-3), On 16.04.2011, the petitioner while working as Forest Guard took the risk of his life while fighting with Animal Killers in order to save the animals and he was appreciated by the department. Thereafter, the Divisional Forest Officer, Yamuna Nagar recommended the case for regular promotion to the post of Forest Guard, vide order dated 05.04.2013, which was further forwarded by Conservator of Forests, North Circle, Haryana, Panchkula, vide letter dated 18.04.2013. His test was taken on 15.05.2013. Vide another communication dated 22.05.2013, DFO Yamuna Nagar recommended his immediate regular promotion. The Chief Conservator of Forests, Security-1, Haryana recommended the case for regular promotion to the post of Forest Guard to the Principal Chief Conservator of Forest, Haryana Panchkula-respondent No. 2 along with proposal by giving relaxation, vide letter dated 13.06.2013

(2.) The grievance of the petitioners before this Court is that respondent No. 5 to 8 who are juniors to the petitioner have been promoted vide order dated 14.10.2013.

(3.) On notice, a reply has been filed by the State stating therein that as per Haryana State Forest Executive Section (Group C) Service Rules, 1998, a peon cannot be promoted as Forest Guard and that the initial appointment of the petitioner was Peon, as per appointment letter dated 29.05.2006 and only mali with 5 years experience can be promoted as Forest Guard subject to condition he fulfills other requisite qualifications laid down under service Rules (R-1)