GOPAL SINGH NEGI Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has prayed for the following relief:

(2.) PETITIONER was appointed as a Khalasi in the office of Soil Conservation Circle, Shimla on 5.3.1976. Private Respondent No. 3 was also appointed in the same office as a Khalasi on 27.2.1982. The Government took a conscious decision of maintaining seniority of each class in the office of C.C.F. Wild Life Wing and in cases of Forest Divisions and Circle offices separately at Circle level. As per seniority list circulated by the Respondents, there cannot be any dispute in this regard also.

(3.) IT appears that for the purposes of seniority Respondents did not take into account the services rendered by the Petitioner at Pooh. Consequently he made repeated representations to the authorities. His request was acceded to by the appropriate authority in terms of office order dated 11.2.2000 (Annexure A -5), which reads as under: "Office Memorandum Shri Gopal Singh Negi, vide his representation dated 15.10.1997 has requested to settle the seniority dispute. Accordingly the matter was taken up with the Government. The Financial Commissionercum -Secretary (Forests) to the Government of Himachal Pradesh vide letter No. Van -I (B) 7 -2/99 -part dated 27.7.1998 has intimated that in this case Head of the Department being the appointing authority is competent to take decision at his level. As per the provision in Rules -13 seniority of member of service in H.P. Forest Department Class -IV services (Recruitment Promotion and certain conditions of services) Rules 1966 as notified vide Endst. No. Ft. 573 -6/64 (E) dated 24.3.1966 and amended vide notification N0j. 2 -55/73 -Estt. (Rules) dated 12.9.1973, it has been provided that the seniority of each class in C.C.F Office Wild Life Wing will 3 be maintained separately and in case of Forest Divisions and Circle offices at Circle level. Shri Gopal Singh Negi was appointed as Khalasi in the Soil Conservation Circle, Shimla w.e.f. 5.3.1976 and on merger of Soil Conservation Department as per Government Notification SCH -A (1)/83 dated 20.3.1984 the post of Director, Soil Conservation was designated as Chief Conservator of Forests (P&D) and cadre including Soil Conservation Circle Shimla was put under CCF (P & D). Shri Gopal Singh Negi was transferred from Planning and Evaluation Division Shimla to Pooh Forest Division vide C.C.F H.P office order No. 358/84 dated 23.6.1984 and again re -transferred to Direction office vide Pr. CCF. HP 'soffice order No. 449/92 dated 16.10.1992 in public interest without his consent which has resulted seniority dispute. The seniority of Class -IV officials of the then CCF (P&D) and Direction office is maintained combined. Therefore, the seniority of Shri Gopal Singh Negi, Peon is decided to be maintained in Direction office at the appropriate place taking into consideration the date of his joining 5.3.1976 i.e. Sl. No. 1 (a) below Shri Amar Chand in the seniority list as it stood on 31.12.1998 in relaxation of Rule -13 of R&P Rules as issued during 1966. The representation if any, against this decision may be made within one month from the issue of this memorandum. Sd/ - Addl. Principal Chief Conservator of Forests, Himachal Pradesh, Shimla."