ANAND SWAROOP BHATNAGAR Vs. STATE

JUDGEMENT

(1.) PETITIONER Anand Swaroop Bhatnagar seeks to challenge by this writ petition the validity of the Government order dated 7-2-64, reverting him from the post of officiating Assistant Conservator of Forests to the post of Ranger Grade II. The case set out by him in the writ petition may be out lined as follows -

(2.) THE petitioner was an employee of the Forest Department of the erstwhile Bundi State when the first united State of Rajasthan was formed in the year 1948. He was trained in the Forest School at Balaghat before he joined the Forest Department of the erstwhile Bundi State and he was Ranger at the time of the merger of the State. THE Petitioner's case is that he continued to hold the post of a Ranger all along and when the United State of Rajasthan was formed in the year 1949, he was still holding that post, having worked as Ranger in different districts. When he was integrated with the services in the United State of Rajasthan he was fixed up in grade No. II provided for Rangers, that is, Rs. 100-5-150-EB-10-200. According to the Rajasthan Civil Services (Unification of Pay Scale Rules) Rules, 1950, two grades were provided for the Rangers in the Forest Department. THE first grade which was Rs. 100-5-150-EB-10-2q0-EB-10-300, was admissible to those Rangers who had successfully passed the Rangers' Course at the Forest College, Dehra Dun or any other recognised Institution. THE grade No. II, which we have mentioned already was meant for those Rangers who could not be fixed up in Grade I, for non-fulfilment of the prescribed qualification for that grade. Along with the question of evolving the pay structure the new State took up the question of preparing a seniority list for the Rangers. In doing so, however, no regard was had for the different pay scales prescribed for Rangers Grade I, and Rangers Grade II and they were all put in a common cadre. When the Rajasthan State was reorganised with the integration of ex-Ajmer State and other areas, fresh seniority list was prepared in which the officers of the new integrating units were also interlaced on the basis of principles evolved under the State Reorganisation Act. THE petitioner proceeds to say that, according to the seniority list that was published in January, 1960, after the reorganisation of the State, his name appeared at serial No. 18. THE petitioner came to be promoted to officiate as Sub-Divisional Forest Officer in August, 1957, by Government Order No. F. (40) (204)/revenue/a/56 dated 3rd August, 1957, and he was given a special pay of Rs. 50/- over and above the salary that he was getting as a Ranger. We may pause to mention that the Sub-Divisional Forest Officers were having only the grade of Rangers with a special pay of Rs. 50/- under the Rajasthan Civil Services ( Unification of Pay Scale ) Rules, 1950, referred to above. THErefore, it appears that the pay scales in Rajasthan were revised on two occasions. This was done at first by the Rationalised Pay Scale Rules and subsequently by the Revised Pay Scale Rules. THE position in 1961 thus was that a Sub-Divisional Forest Officer came to have a grade of Rs. 225-10-575-EB-10 285-15-435-25-485. THE petitioner was getting a pay of Rs. 225/- plus Rs. 50/- as personal pay, plus Rs. 15/- as Dearness Allowance in the revised grade since 1-9-61. While the petitioner Was working as Sub-Divisional Forest Officer, the Rajasthan Forest Service Rules, 1961, hereinafter to be referred as the "1961 Rules", came into force. According to these Rules the Rajasthan Forest Service was organised and we will be dealing with the implications of these Rules at the appropriate place.