VISHRAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has prayed for following reliefs:-

(2.) Briefly stated facts of the case are that the petitioner came to be appointed on the post of Forest Guard w.e.f. 10/5/2011 in Forest Division, Bhilwara whereas, the respondent No.5 also came to be appointed on the post Forest Guard w.e.f. 21/4/2011 in Forest Division, Bundi. It is thus, apparent that the petitioner and respondent No.5 though were appointed on the post of Forest Guard but their initial appointment was made in different Forest Divisions. The services of the petitioner and respondent No.5 are governed by Rajasthan Forest Subordinate Service Rules, 2015 (hereafter referred to as "the rules of 2015"). The Office of Principal Chief Conservator of Forest, Rajasthan, Jaipur by an order dtd. 10/10/2016 transferred respondent No.5 from Forest Division, Bundi to Forest Division, Bhilwara. The office of Deputy Forest Conservator, Bhilwara on 24/4/2018 issued a seniority list of Forest Guards working under him as on 1/4/2018. In the seniority list dtd. 24/4/2018, the name of the petitioner figures at serial No.27, whereas name of respondent No.5 figures at serial No.17. The Forest Guards working in the respondent department are having an avenue of promotion on the post of Assistant Forester. The office of Deputy Conservator of Forest, Bhilwara, on 26/9/2019, issued an office order stating inter alia that the meeting of Departmental Promotion Committee (DPC) was convened on 26/8/2019 for recommending names of candidates for promotion on the post of Assistant Forester from the post of Forest Guard against the vacancies of year 2019-20 and the department by accepting the recommendations of DPC has decided to accord promotion to the eligible candidates against the vacancies of year 2019-20. In the promotion order dtd. 26/9/2019, the name of the petitioner finds mention at serial No.3 whereas the name of respondent No.5 was at serial No.1.

(3.) The petitioner immediately after issuance of promotion order dtd. 26/9/2019 submitted representations to the respondents stating that the respondent No.5 has been wrongly assigned seniority over the petitioner, against the post of Forest Guard working in the office of Deputy Conservator of Forest, Bhilwara. The petitioner in the representation stated that since the respondent No.5 was transferred from Forest Division, Bundi, to Forest Division Bhilwara, he ought to have been given seniority for the post of Forest Guard, from the date of his joining in the Forest Division, Bhilwara. In other words, the petitioner by way of submitting representations requested the respondent to assign seniority to the respondent No.5 in Forest Division Bhilwara below the petitioner and thereafter by convening meeting of Review DPC, promote him on the post of Assistant Forester over and above respondent No.5.