MOHD AFZAL SHEIKH Vs. STATE

JUDGEMENT

(1.) PETITIONER claims to have passed Matriculation in the year 1982 and B.A. Final in 1999 as private candidate. Petitioner thus claims to be Graduate. Petitioner who was working as substitute Forest Guard came to be temporarily appointed as Forest Guard in the pay scale of 410 -625. Vide Forest order No. 383 of 1983 -83 dated 29.10.1983, the post against which the petitioner was engaged was withdrawn from Social Forestry Division, Baramulla and allotted to Bandipora Division. The order was issued by the then Chief Conservator of Forests, J&K Govt, Srinagar. After engagement of the petitioner as Forest Guard, his service book was prepared and was given all the service benefits attached to the post of Forest Guard. The petitioner became member of forest service of the State Government. It is further claimed that in the year 1986 the petitioner successfully completed the training course from Kashmir Forest Training School, Chatternar, Kashmir. Petitioner was given benefit of Higher Standard Pay Rules of 1996 issued vide SRO 14 dated 15.1.1996.

(2.) PETITIONERS service is governed by J&K Forest (Subordinate) Service Recruitment Rules, 1991(for short Rules of 1991). In terms of Rules of 1991 a Graduate, Forest Guard, is to be considered for being appointed by promotion to the post of Dy. Forester if he is having three years experience and consideration is to be accorded to a Matriculate, Forest Guard, having seven years experience and non -matriculate, Forest Guard, who is having ten years experience. Rules of 1991 also provide that at least 25% of the available vacancies shall be filled up amongst the meritorious candidates.

(3.) THE claim of the petitioner is that when he entered in the department as Forest Guard he was matriculate and after joining his service he passed graduation in the year 1999 as a private candidate. The petitioner thus became eligible for being considered for promotion to the post of Dy. Forester. The petitioner when he was posted as Forest Guard at Onagam, submitted an application to respondent No.5 requesting therein that he be promoted and appointed to the post of Dy. Forester. The application was forwarded to respondent No.4, who in turn sent the same to respondent No.3. The respondent No.3 submitted the case of petitioner to respondent No.2. Thereafter it surfaced that petitioner has entered into service allegedly on a fake/fabricated appointment order. Respondent No.2 in sequel to this revelation requested respondent No.7 for registration of criminal case against the petitioner. Copy of the communication was also sent to respondent No.5 asking him stop the pay of the petitioner. Case FIR No.62/2002 u/s 420/468/471 RPC stands registered against the petitioner. Respondent No.5 stopped the pay of the petitioner and interms of Forest Order No. 46 of 2002 -03 dated 29th Oct. 2002 petitioner was ordered to be attached to Range Office Khuihama. The petitioner acting on the order dated 29.10.2002 submitted a departure report on 12.11.2002 from Onagam and on same day submitted arrival report before respondent No.6. As per the claim of the petitioner thereafter he was not permitted to mark his attendance nor salary was paid to him. Petitioner approached the authorities including some of the respondents but his request fell on deaf ear.