SATYA PRAKASH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner Satya Prakash Gupta has approached this Court craving the following relief:-

(2.) Whilst advancing final arguments learned counsel for the petitioner candidly conceded that as the petitioner has superannuated during pendency of the writ petition, reliefs No. (A), (B) and (D) sought for by the petitioner have virtually become otiose and thus, he would be limiting his argument to the extent of the challenge given to the illegal denial of selection scale to the petitioner.

(3.) Facts in brief are that the petitioner herein was inducted in service of the respondent Forest Department on 1.5.1971 as a Forester on temporary basis. He was thereafter given adhoc promotion to the post of Dy. Ranger vide order dated 10.7.1978. The post of Dy. Ranger was redesignated in the Service Rules as Ranger Gr.II in the year 1988. The petitioner was, at the time of such redesignation, working on the post of Dy.Ranger. During the period 1987 to 1989, the petitioner was subjected to some departmental inquiries which culminated into orders of penalty being passed against him. Lastly, punishment of stoppage of two annual grade increments without cumulative effect was imposed upon the petitioner by order dated 19.11.1998. The said penalty was reduced to stoppage of one annual grade increment without cumulative effect by the appellate authority. The review petition preferred against the appellate authority's order was dismissed. The petitioner's name was not included in the seniority list of Dy. Ranger/Ranger Gr.II uptill the year 1996. He continued to represent against the illegal omission of his name in the seniority list. He claims to have cleared the departmental examination conducted for promotion on the post of Ranger Gr.II in the year 1996. The next promotional post falling due in the cadre was Ranger Gr.I. The petitioner was also ignored for such promotion on the ground of pendency of departmental proceedings against him. Aggrieved by the unjustified and continued ignorance of his claim for promotion, the petitioner regularly represented to the authorities raising grievance that his juniors were being promoted while ignoring him for no reason whatsoever. He was intimated by a letter dated 7.8.2005 that his promotion to the post of Ranger Gr.II had never been regularised and that his name could be included in the seniority list only if such promotion received the stamp of approval by the regular DPC. Regardless of the above, the petitioner's name was included in the DPC convened for this purpose and was kept in sealed cover. However, promotion was denied to him on the ground of abovementioned departmental punishment. The petitioner claims that he has been doubly penalised by the respondents. On the one hand, he was deprived from regularisation on the post of Ranger Gr.II and consequent promotion on the post of Ranger Gr.I and on the other hand, despite his entitlement to get second and third selection grades upon completing 18 and 27 years of service counted from 1.5.1971 these selection grades have not been afforded him on the relevant dates. The relevant extract of the order (Annex.19) dated 16.11.2006 whereby selection scales of 18 & 27 years were conferred to the petitioner are mentioned hereinbelow for the sake of ready reference: