VINOD PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed by the petitioners who have been appointed as Cattle Guard by the respondent department and were subsequently performing the functions of Forest Guard. It is the averment of the petitioners that although they are performing the functions of Forest Guard from last many years, they have not been absorbed as Forest Guard despite of the verdict of the Division Bench of this Court in Richhpal Singh and Ors. v. State of Rajasthan and Ors. (D.B. Special Appeal (Writ) No. 405/2007), decided on 1/12/2014.

(2.) Before averting to the facts of the present case, it is relevant to note the facts of Richhpal Singh's case (supra). In the said matter, the petitioner therein had already been absorbed temporarily as Forest Guards and the dispute arose when they were not finally absorbed on the said post on the premise that because of the subsequent amendment in the eligibility conditions, they ought to have acquired the secondary qualification whereas they were 8th class pass. Deciding the said dispute, the Division Bench of this Court held that the subsequent circular dtd. 26/3/1998 whereby the qualification was amended to Matriculation in place of Middle Class would not apply to the petitioners therein and it was directed that the Cattle Guards who where holding the minimum qualifications prescribed under the scheme of Rajasthan Forest Subordinate Service Rules, 1963 would be absorbed finally as Forest Guards without resorting to the circular dtd. 26/3/1998.

(3.) A bare perusal of the facts in the present matter would make it clear that the present petitioners would not be squarely covered by the ratio as laid down in Richhpal Singh's case (supra). However by virtue of the circulars dtd. 14/11/1996 and 12/3/1997 issued by the Principal Chief Conservator of Forests of Rajasthan, a decision to absorb the work charge employees who had completed 10, 9 and 8 years of service till 31/12/1993 were held entitled to be absorbed against the vacant posts of Forest Guards. In pursuance to the said circulars, the list of the vacant seats as well as the work charge employees working at the Jodhpur Division was called for by the regional office at Jaipur and the said list supplied by the Jodhpur authorities comprised of the names of the present petitioners too. The right, if any to the present petitioners can be said to be accrued claimed because of these circulars only. It is admitted on record that in pursuance to the said circulars of the Department, the names of the persons entitled to be absorbed as Forest Guards were called for but no final decision thereupon has been taken.