Y P CHOWDHRY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution for the issuance of an appropriate writ or direction quashing the notifications, dated 18.10.1966 and 6.6.1966 (Annexures 'A-10', 'A-11' and 'A/6') issues by the respondent State, and also for a mandamus to respondent No. 1 to treat the petitioner as confirmed member of the Punjab Forest Service Class II.

(2.) The petitioner, along with four others, namely, Sarvshri S.K. Kapur, H.C. Sharma, Kehar Singh and Prem Singh Malik, was selected in October 1959 by the Punjab Public Service Commission for appointment to Punjab Forest Service Class II against eleven vacancies in that Service existing at that time. After the selection, the petitioner and the other four persons were sent for training to the Indian Forest College, Dehradun, and they completed the Diploma Course in Forestry for two years. The petitioner was thereafter posted as an Attached Officer in Silviculture Research Forest Division, with headquarters at Kulu (now in Himachal Pradesh), on 2.10.1961 (afternoon). This appointment was notified by the Punjab Government by notification dated 10.8.1962.

(3.) The petitioner duly completed his two years' period of probation in Punjab Forest Service Class II on 3.10.1963. During the period of his probation his work was satisfactory. The Government did not pass any order under Rule 8(3) extending his period of probation. Consequently, in terms of the Rules the petitioner must be deemed to have been confirmed with effect from 3.10.1963. Respondent No. 1, however, mala fide did not pass orders of confirmation of the petitioner as it wanted to benefit respondents 2 to 19 who had earlier been promoted merely as a 'stop-gap measure' from the rank of Forest Rangers.