MANOJ PARASHAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) We have heard learned counsel appearing for the petitioner.

(2.) The petitioner was appointed as Assistant Conservator of Forest by the Government of Rajasthan on 21.06.1986. He was promoted in due course, and is now serving in the cadre of Indian Forest Service. This writ petition was filed by the petitioner in the year 1999, challenging the Notification dated 18.07.1986, amending Rule 6(ii) of the Rajasthan Forest Service Rules, 1962, by which the ratio of recruitment between the direct recruits and the promotees was changed as 1:1 instead of 3:1, for forestry wing. The Rule, published on July 18, 1986, was made effective with effect from 01.04.1985. It is submitted that the change of ratio retrospectively between the direct recruits and promotees is illegal and arbitrary, as it has affected the petitioner's seniority.

(3.) In the reply, filed by the State-respondents, a preliminary objection has been taken regarding delay in filing the writ petition. In paragraph 7, it is stated that the Rules were notified on 18.07.1986, effecting the ratio with effect from 01.04.1985. After amendment of the Rules, final seniority lists were drawn on 24.12.1994, 13.12.1997 and 11.11.1998. The petitioner neither challenged the Rules, nor the seniority lists, and thus, the writ petition is liable to be dismissed on the ground of delay. It is also stated in the reply that the petitioner has not impleaded the persons, who are likely to be affected, if the Rules are declared ultra vires, nor even a single person has been impleaded, which may be affected by the reliefs granted in this writ petition.