Himachal Pradesh High Court
Intzar vs State Of Hp on 22 August, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF AUGUST, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITIONS NO.2765 OF 2019 & 3077 OF 2020
CWP No.2765 of 2019
BETWEEN:-
1. INTZAR, AGED ABOUT 35 YERAS,
S/O SH NIKKA
R/O VILLAGE NERON KOTRI, PO KAULANWALA BHOOD
TEHSIL NAHAN, DISTRICT SIRMAUR
HIMACHAL PRADESH.
2. BHEEM SINGH S/O SH LAIK RAM
R/O VILLAGE KHANDA, PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR,
HIMACHAL PRADESH.
3. RANJEET SINGH KANWAR
S/O SH LALIT KANWAR
R/O ISHWAR BHAWAN, H NO.988/5,
MOHALLA AMARPUR, DISTRICT SIRMAUR (HP).
4. BALBIR SINGH S/O SH PHOOL CHAND
R/O VILLAGE AND PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR (HP).
5. RAJESH KUMAR S/O SH MOHINDER SINGH
R/O VILLAGE AND PO KAULAWALA BHOOD,
TEHSIL NAHAN, DISTRICT SIRMAUR (HP).
6. TAPENDER SINGH S/O SH MADAN SINGH
R/O VILLAGE PANUALI, PO PARARA,
TEHSIL DADAHU, DISTRICT SIRMAUR (HP)
7. DINSEH KUMAR S/O SH JEEWAN SINGH
R/O VILLAGE JADOL, PO TAPROLI,
TEHSIL RAJGARH, DISTRICT SIRMAUR (HP)
8. RAMESH KUMAR S/O SH LEKH RAM
R/O 370/3 SHIMLA ROAD, NAHAN,
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
2
DISTRICT SIRMAUR (HP)
9. NADEEM KAUSAR S/O SH NAZIR HUSSAIN
R/O VILLAGE KIRATPUR, PO PURUWALA,
.
TEHSIL PAONTA SAHIB, DISTRICT SIRMAUR (HP)
10. VIRENDER KUMAR S/O SH SANT RAM
R/O VPO NAGHETA, TEHSIL PAONTA SAHIB,
DISTRICT SIRMAUR (HP)
11. RAJEST KUMAR S/O SH GOPAL SINGH
R/O VILLAGE KATWARI BAGRATH,
PO KANSAR, TEHSIL DADAHU,
DISTRICT SIRMAUR (HP)
12.
R/O VPO BHAWAT,
DISTRICT SIRMAUR
(HP)
r to
SUBHASH CHAUHAN S/O SH BASTI RAM
13. RAKESH KUMAR S/O SH NAND RAM,
VPO GIRI NAGAR, TEHSIL POANTA SAHIB,
DISTRICT SIRMAUR (HP)
14. ROHIT SAINI S/O SH KAMAL KUMAR
R/O 78/11 BARA CHAWNK JAIN BAZAR NAHAN
DISTRICT SIRMAUR (HP)
15. VISHAL KUMAR S/O SH DINESH CHAND
R/O 677/11 BALMIKI BASTI NAHAN
PO NAHAN TEHSIL NAHAN
DISTRICT SIRMAUR (HP)
16. SUSHILA CHAUHAN
D/O SH CHARANJEET SINGH CHAUHAN
R/O VILLAGE MASHU PO JAMMA
TEHSIL KAMROO DISTRICT SIRMAUR (HP)
17. RAM KARAM S/O SH MATU RAM
R/O VILLAGE SUKETI PO MOGINAND
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
18. SANDEEP SHARMA S/O SH RANDHIR SHARMA
R/O VILLAGE NEHRLA PO SHAMBHUWALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
19. VIRENDER KUMAR S/O SH NAIN SINGH
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
3
R/O VILLAGE MINAL-BAG PO DUGANA
TEHSIL KAMROW DISTRICT SIRMAUR (HP)
20. KAILASH THAKUR S/O SH JAIPAL SINGH
.
R/O VILLAGE GAWANA PO BHAROG BANERI
TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
21. VINITA DEVI S/O SH LAYAK RAM
R/O VPO KHODRI MAJRI TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
22. NEELAM DEVI S/O SH DAYA RAM
R/O VILLAGE KANLOG PO BANAH KI SER
TEHSIL PACHHAD DISTRICT SIRMAUR (HP)
23. NARENDER KUMAR S/O SH BALA RAM
R/O VILLAGE VETERINARY COLONY RAJGARH
PO & TEHSIL RAJGARH
DISTRICT SIRMAUR (HP)
24. NAZRA S/O SH SABIR ALI
R/O VILLAGE NAWADA,
PO SHIVPUR TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
25. INDU RANI S/O SH SUNDER LAL
R/O VILLAGE DOON PO JAMUN KI SER
TEHSIL PACHHAD DISTRICT SIRMAUR (HP)
26. SUNIL CHAUHAN S/O SH SHUPA RAM
R/O VPO BELLA,
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
27. KAMAL SINGH S/O SH NARANJAN SINGH
R/O VILLAGE & PO KOLAR
TEHSIL PAONTA SAHIB
DISTRICT SIRMAUR (HP)
28. TEK CHAND S/O SH VIJAY RAM
R/O VILLAGE GADDA BHUDDI
PO SHAMBHU WALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
29. ANWAR SINGH S/O SH SOHAN SINGH
R/O HOUSE NO 166/2 WARD NO 1
TEHSIL POANTA SAHIB DISTRICT SIRMAUR (HP)
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
4
30. KIRTI KUMAR TOMAR S/O SH MADAL LAL TOMAR
R/O VILLAGE DHAUN PO RAMA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
.
31. MUDDASIR NAZAR S/O ISLAM
R/O VILLAGE NARWADA PO SHIVPUR
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
32. VIKRAM SINGH S/O SH BHAGAT RAM
R/O VILLAGE BHARAYAN PO KOTLA MOLAR
TEHSIL NAHAN DISTRICT SIRMAOUR (HP)
33. JAMEEL KHAN S/O SH NAZIR KHAN
R/O VILLAGE SAINWALA PO MAJRA
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
34. DINESH KUMAR S/O SH INDER SINGH
R/O VPO & TEHSIL NOHRADHAR
DISTRICT SIRMAUR (HP)
35. HARJEET SINGH S/O SH MANGAT SINGH
R/O HOUSE NO 86/13 MOHALLA GOBIND GARH
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
36. PRAVEEN KUMAR S/O SH JATI RAM
R/O VPO KOTRI BIAS
TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
37. KABUL SINGH S/O SH HARI SINGH
R/O VPO KOTRI BIAS TEHSIL POANTA SAHIB
DISTRICT SIRMAUR (HP)
38. CHAMAN LAL S/O SH PREM CHAND
R/O VILLAGE BHARAPUR PO DHOULAKUAN
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
39. SUDHIR SHARMA S/O SH DURGA DUTT
R/O VILLAGE JHANGAN PO CHHOG
TEHSIL RAJGARH DISTRICT SIRMAUR (HP)
40. ARUNA TOMAR S/O SH VIPIN KAMAL
R/O VPO BOGDHAR TEHSIL NORADHAR
DISTRICT SIRMAUR (HP)
41. SANJOO S/O MOHAN LAL
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
5
R/O VILLAGE DHADUWALA PO BIKRAM BAG
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
42. PANKAJ TOMAR S/O SH SURESH KUMAR
.
R/O VPO SHAMBHU WALA
TEHSIL NAHAN DISTRICT SIRMAUR (HP)
43. BAHADUR SINGH S/O SH SURAT SINGH
R/O VPO LANA PALLAR TEHSIL SANGRAH
DISTRICT SIRMAUR (HP)
44. AJAY KUMAR S/O SH OM PRAKASH
R/O VILLAGE BAKAHAN PO BHAROG BANERI
TEHSIL POANTA SAHIB DISTRICT SIRMAUR (HP)
45.
46.
LALITA SHARMA S/O SH RAVI DUTT
R/O VILLAGE NADRI PO DEVAMANAL
TEHSIL NORADHAR DISTRICT SIRMAUR (HP)
SHYAM LAL S/O SH BHOOP SINGH
R/O VILLAGE LANI PO KOTI BOUCH
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
47. VIJAY KUMAR S/O SH JAI PAL
R/O VILLAGE MEHRUWALA PO BHAGANI
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
48. SANDEEP KUMAR S/O SH LUXMI SINGH
R/O VILLAGE LAWANA PO DEOTHI MAJHGEON
TEHSIL RAJGARH DISTRICT SIRMAUR (HP)
49. KAMLESH KUMARI S/O SH PANCH RAM
R/O VPO SHILLAI DISTRICT SIRMAUR (HP)
50. DAYA RAM S/O SH AMAR SINGH
R/O VILLAGE GULABGARH PO KOTRI BIAS
TEHSIL PAONTA SAHIB DISTRICT SIRMAUR (HP)
51. SATYA PRAKASH S/O SH BRAHM DUTT
R/O VILLAGE BAUNAL PO RAJANA
TEHSIL SANGRAH DISTRICT SIRMAUR (HP)
52. NIRMALA DEVI S/O SH GUMAN SINGH
R/O VILLAGE DHADAS PO KANDO BHATNOL
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
53. KANWAR SINGH S/O SH JAWALA RAM
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
6
R/O VILLAGE DHIRAINA, P.O. NAINDHAR
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
54. DEEP RAM SHARMA S/O SH RAMAND SHARMA
.
R/O VILLAGE BHARAINA PO BAKRAS
TEHSIL SHILLAI DISTRICT SIRMAUR (HP)
55. DINESH KUMAR S/O SH DURGA SINGH
R/O VPO TAPROLI TEHSIL RAJGARH
DISTRICT SIRMAUR (HP)
56. ASHA KAPOOR S/O SH BABU RAM
R/O H NO-3 FLAT NO 6, MOHALLA AMARPUR,
HOUSING BOARD COLONY
DISTRICT SIRMAUR (HP)
r ...PETITIONERS
(BY SHRI SANJEEV BHUSHAN,
SENIOR ADVOCATE WITH SHRI
JEEVAN KUMAR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS CHIEF SECRETARY,
GOVERNMENT OF HP, SHIMLA
2. THE DEPARTMENT OF FOREST
THROUGH ITS SECRETARY,
GOVT. OF HP
3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
GOVT. OF HP.
4. CONSERVATOR OF FOREST,
NAHAN,
DISTRICT SIRMAUR AT NAHAN
(HP)
5. KUSHAL CHAND S/O LATE BIRI SINGH
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
HIMACHAL PRADESH
POSTED AS FOREST GUARD
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
7
UNDER MANDI FOREST DIVISION
MANDI, DISTRICT MANDI
6. LAL SINGH S/O LATE SHRI PRITHI SINGH,
.
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
HIMACHAL PRADESH.
POSTED AS FOREST GUARD UNDER
NACHAN FOREST DIVISION, GOHAR,
DISTRICT MANDI.
7. MISAR DASS S/O MAHESHWAR
R/O TUNA, P.O. PALI P.O. SHALLA
TEHSIL CHACHIOT DISTRICT MANDI
HIMACHAL PRADESH.
POSTED AS FOREST GUARD UNDER
NACHAN FOREST DIVISION GOHAR
DISTRICT MANDI
8. GANGA RAM S/O LATE DUTT RAM
R/O VPO PALI,
TEHSIL PADHAR, DISTRICT MANDI,
POSTED AS FOREST GUARD UNDER
MANDI FOREST DIVISION, MANDI
DISTRICT MANDI.
9. ROOP RAM S/O BABU RAM
R/O VILLAGE LARECH PO MAAN TEHSIL ARKI,
DISTRICT SOLAN, HP:
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER KUTHAR,
DISTRICT SOLAN, H.P.
10. BHIM SINGH MEHTA S/0 SH. JIYA LAL MEHTA
R/O VILLAGE DABROT P.O. BHANERA,
TEHSIL KARSOG,
DISTRICT MANDI H.P.
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
CHAURIDHAR,
DISTRICT MANDI, H.P
11. NARENDER KUMAR S/O DURGA DUTT
R/O VILLAGE SHINGALT P.O. MAAN
TEHSIL ARKI, DISTRICT SOLAN, H.P
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER KUTHAR,
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
8
DISTRICT SOLAN, H.P
12. NARAYAN DUST S/O DAYA RAM
R/O VILLAGE KAMLAHRA, P.O. KUFTU,
.
TEHSIL KANDAGHAT, DISTRICT SOLAN
PRESENTLY POSTED AS FAREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER SPATU,
DISTRICT SOLAN, HP
13. CHANDER PRAKASH S/O SH. KULDEEP SINGH
R/O HOUSE NO. 493, B-1, RATPUR COLONY,
P.O. PINJAUR, TEHSIL KALKA (HARYANA)
PRESENTLY POSTED AS FOREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
PARWANOO, DISTRICT SOLAN.
14. RAM DUTT S/O SH. JIVANOO RAM
R/O VILLAGE MAHIYAN, P.O. BHOJNAGAR,
TEHSIL & DISTRICT SOLAN, HP
PRESENTLY POSTED AS FAREST GUARD
IN THE OFFICE OF RANGE FOREST OFFICER
PARWANOO, DISTRICT SOLAN, H.P
15. BACHHAN SINGH S/O SH. LACHHAN SINGH
R/O VILLAGE JASWANI, P.O. DADHOL,
TEHSIL GHUMARWIN,
DISTRICT BILASPUR, HP.
PRESENTLY POSTED AS FOREST GUARD
IN IDP PROJECT BILASPUR UNIT AT BARTHI
C-2, DISTRICT BILASPUR
H.P.
16. TEJ SINGH SON OF OM CHAND
R/O VILLAGE & P.O.TIKKAR
TEHSIL BALH, DISTRICT MANDI
POSTED AS FOREST GUARD
UNDER MANDI FOREST DIVISION MANDI
DISTT. MANDI
17. SUBHASH CHAND SON OF LATE PIAR SINGH
R/O VILLAGE AND P.O.AHJOO
TEHSIL JOGINDER NAGAR
DISTT. MANDI
POSTED AS FOREST GUARD
UNDER JOGINDERNAGAR FOREST DIVISION
JOGINDER NAGAR DISTT. MANDI
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
9
18. SUNDER SINGH SON OF DHANI RAM
R/O VILLAGE BHAWAT P.O.SADHIANI
TEHSIL BALH DISTT. MANDI
POSTED AS FOREST GUARD UNDER
.
MANDI FOREST DIVISION MANDI
DISTT.MANDI
19. DEV RAJ SON OF SH.SANT RAM
V&PO JALARI TEHSIL & DISTT. KANGRA
POSTED AS FOREST GRUARD IN G.H.N.P
SAMSHI DIVISION SAMSHI DISTT KULLU(HP)
20. PRADEEP KUMAR S/O SH.RAM CHAND
V&PO DADH TEHSIL PLAMPUR
DISTT.KANGRA
POSTED AS FOREST GUARD
DALHOUSIE FOREST DIVISION
DISTT.CHAMBA
21. SMT. REKHA DEVI D/O SH. CHATTAR SINGH
R/O VILLAGE KALU, PO KIRI,
TEHSIL AND DISTRICT CHAMBA, HP
PRESENTLY POSTED AS
FOREST GUARD IN FOREST DIVISION DALHOUSIE,
HIMACHAL PRADESH
22. SH. BHUVAN MOHAN PAL S/O SH. YASH PAL
R/O VILL BAROR PO NAREDI,
TEHSIL & DISTRICT CHAMBA, HP,
PRESENTLY POSTED AS FOREST GUARD
IN FOREST DIVISION CHAMBA, HP
23. SH. MANJIT KUMAR S/O SH. PURAN CHAND
R/O VILL BHANOUTA, PO CHANED,
TEHSIL AND DISTRICT CHAMBA, HP.
PRESENTLY POSTED AS FOREST GUARD IN
FOREST DIVISION CHAMBA, H.P.
...RESPONDENTS
(SHRI ASHOK SHARMA, ADVOCATE GENERAL
WITH MR. RAJU RAM RAHI, DEPUTY ADVOCATE
GENERAL FOR R- 1 TO R-4
SHRI NARENDER SHARMA ADVOCATE VICE
SHRI TEK CHAND SHARMA AND SHRI K.C.
SANKHYAN, ADVOCATES FOR R-5 TO R-8
AND R16 TO R20.
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
10
SHRI DIGVIJAY SINGH, ADVOCATE FOR
R-9 TO R-15.
SHRI NARENDER SHARMA, ADVOCATE
.
FOR R-21 TO R-23.
MS. ARCHANA DUTT, ADVOCATE FOR
R-24 TO R28.)
CWP No.3077 of 2020
Between
1. SANDEEP KUMAR
SON OF SHRI GIARU RAM
PRESENTLY WORKING AS FOREST GUARD
IN KOTI FOREST RANGE, SHIMLA FOREST
DIVISION,RESIDENT OF VILLAGE GHARYANA,
TEHSIL & POST OFFICE SUNNI,
DISTRICT SHIMLA H.P.
2. SATISH KUMAR SON OF SHRI JAGAT RAM
PRESENTLY WORKING AS FOREST GUARD
IN TARA DEVI FOREST RANGE,
SHIMLA FOREST DIVISION, H.P.
RESIDENT OF VILLAGE PAODHANA
POST OFFICE CHHAUSHA,
TEHSIL KANDAGHAT DISTRICT SOLAN.
3. SHRI YOGESH KUMAR
S/O SHRI RAMESHWAR DASS,
PRESENTLY WORKING AS FOREST GUARD
IN DHAMI, FOREST RANGE,
SHIMLA FOREST DIVISION, H.P
R/O VILLAGE GUMMA,
TEHSIL & DISTRICT SHIMLA.
..PETITIONERS
(BY SHRI DEVEN KHANNA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS CHIEF SECRETARY,
GOVERNMENT OF HP, SHIMLA.
2. THE DEPARTMENT OF FOREST
::: Downloaded on - 22/08/2022 20:02:43 :::CIS
11
THROUGH ITS SECRETARY,
GOVERNMENT OF HIMACHAL PRADESH.
3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
.
GOVERNMENT OF HIMACHAL PRADESH,
TALLAND, SHIMLA 171001
4. THE CHIEF CONSERVATOR OF FOREST,
SHIMLA, DISTRICT SHIMLA,
HIMACHAL PRADESH.171002
.... RESPONDENTS.
(BY SHRI ASHOK SHARMA, ADVOCATE
GENERAL WITH SHRI RAJU RAM
RAHI, DEPUTY ADVOCATE GENERAL)
JUDGMENT RESERVED ON: 3rd JUNE, 2022.
DATE OF DECISION: 22nd AUGUST, 2022
Whether approved for reporting?
________________________________________________________________________
These petitions coming on for pronouncement this day, the Court
delivered the following:
JUDGMENT
These petitions involving common questions of facts and laws, are being decided by this common judgment.
2 Petitioners, serving as Forest Guards in Forest Circle, Nahan, District Sirmaur and Forest Circle Shimla, District Shimla have approached this Court against impugned directions contained in communication dated 8th August, 2019 (Annexure P-12 in CWP No 2765 of 2019 and Annexure P-
20 in CWP No. 3077 of 2020) issued by Principal Chief Conservator of Forest (Pr.CCF) (HOFF), Himachal Pradesh to all Chief Conservator of Forest (CCFs)/Conservator of Forest (CFs) (T&WL) in Himachal Pradesh whereby direction has been issued for recasting the seniority of Forest Guards for their promotion to the posts of Deputy Ranger (State Cadre), as per the ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 12 merit gained in Direct Recruitment/Limited Direct Recruitment process in order to prepare/draw State Level Panel of eligible Forest Guards after .
holding DPC at Circle level.
3 Plea of petitioners is that aforesaid instructions/directions have been issued on the basis of order dated 13.2.2019, passed by the Erstwhile H.P. State Administrative Tribunal in OA No. 584 of 2019 titled Kushal Chand vs. State of HP, which is not applicable to present petitioners being appointees of Direct Recruitment against 90% quota of Direct Recruitment provided in R&P Rules, whereas the said order was passed by the Erstwhile H.P. State Administrative Tribunal with respect to Forest Guards appointed from amongst Class-IV employees of Department against 10% quota of Limited Direct Recruitment. Further that appointment through Limited Direct Recruitment was undertaken by respondents-Department in the year 2003 by preparing State Level List after undertaking the Recruitment process at State level and therefore, their inter-se seniority was directed by the Erstwhile H.P. State Administrative Tribunal to be determined on the basis of State level seniority list prepared on the basis of inter-se merit amongst them, whereas, petitioners have been appointed by the Recruitment Committee constituted at Circle Level by preparing separate and distinct merit list at Circle Level by issuing appointment letter at Circle Level and, therefore, it has been contended that seniority list of Forest Guards, appointed at Circle Level against 90% quota for direct recruitment, cannot be made at State level on the basis of merit after amalgamation of the select list of ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 13 different Circles and, it has to be maintained on the basis of length of service from the date of joining as a Forest Guard because process of .
appointment, though was initiated by issuing advertisement and continued by conducting screening of candidates, assessing physical efficiency and evaluating written paper together but was completed by conducting personality test and declaring the result at circle level after preparation of separate merit list at each Circle level through different and distinct circle level Recruitment Committees.
4 It has also been contended on behalf of petitioners that as direct recruitment was made at circle level by different Recruitment Committees and, therefore, there is possibility of adopting different criteria, either liberal or strict, in awarding marks by each circle level Selection Committee, there is every possibility of awarding lesser or higher marks in such selection of Forest Guards depending upon conservative or liberal approach of concerned Committee and on amalgamation of different circle level merit list shall put topper of select list prepared by conservative committee at a considerable lower place in combined amalgamated select list and preparation of State level seniority list is not only contrary to adopted and accepted procedure for preparing seniority list of Forest Guards for promotion of Deputy Ranger but also an arbitrary act causing grave injustice to petitioners and other similarly situated persons.
::: Downloaded on - 22/08/2022 20:02:43 :::CIS 145 Case of respondents, as pleaded, is that appointment and selection by way of promotion to the post of Deputy Ranger is to be made .
by preparing the State Level Panel of Forest Guards as cadre of Deputy Ranger is State Cadre and, therefore, State Panel of eligible Forest Guards is to be made on the basis of seniority subject to rejection of unfit as provided under R&P Rules and, therefore, amalgamation of different seniority lists of various Circles is to be amalgamated and, therefore, a conscious decision has been taken by employer by issuing instructions to prepare the seniority list r as per merit gained in the Direct Recruitment/Limited Direct Recruitment in consonance with law of land as relevant R&P Rules in this regard are silent. It has been contended that respondents authority is competent to issue instructions to supplement the R&P Rules in order to fill-up the gap, if any, in consonance with law of land and, therefore, it has been contended that there is nothing illegal in impugned instruction dated 8.8.2019 directing to recast the seniority as per merit gained in recruitment process. Though date of initiation of recruitment process in the year 2007 in various circles has not been disclosed either in writ petition or in reply however during arguments, it has been contended by respondents that process to fill-up 583 posts of Forest Guard in all Circles in the State was initiated vide Advertisement/communication dated 20.4.2007 simultaneously through different Selection Committees as post of Forest Guard is a circle cadre post.
::: Downloaded on - 22/08/2022 20:02:43 :::CIS 156 It has been contended on behalf of respondents that selection process for Forest Guard at Circle level is governed by procedure provided .
in Himachal Pradesh Forest Department Forest Guard, Class-III (Non-
Gazetted) (Executive Section) Recruitment and Promotion Rules, 2003 (in short 'the Rules) which remain the same in amended Rules 2014 also which provides constitution of circle level Recruitment Committee consisting of Conservator of Forest as Chairman and two District Forest Officers as Members in each Forest Circle. The said Committee on receiving applications on the basis of Advertisement, undertakes scrutiny of candidates with respect to age, educational qualification and physical standard as provided under Rule 7 of Rules is done and eligible candidates are required to undergo Physical Efficiency Test (PET), written examination and interview. Further that Physical Efficiency Test provides for maximum 25 marks and for awarding the marks, definite criteria has been provided in R&P Rules which is identical throughout the State for every Circle and therefore, there is no scope of discretion for evaluating the physical efficiency of a candidate. Further that, 60 marks have been provided for written test and written test is conducted on one and the same day in all Circles of State on the basis of one and the same question paper in all Circles and question paper is set by the University of Horticulture and Forestry (UHF) and after receiving it from representative of UHF, not below the rank of Assistant Professor, the same is opened in examination centre in presence of all members of Recruitment Committee including Chairman of the Committee on the scheduled date of examination. After ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 16 examination, answer sheets are sealed in an envelope duly signed by Chairman and Members of Committee and is handed over back to .
representative of HUF under proper receipt. The UHF evaluates the answer sheets and send the marks list under the sealed covers to the concerned CFs and after adding marks obtained in physical efficiency test and written test, a merit list is prepared category-wise in different Forest Circles for the purpose of calling the candidates for personality test in the ratio of 1:3 on the basis of number of posts available category-wise in the concerned Forest Circle. Personality test is of 15 marks. Out of 15 marks, five marks shall be awarded for participation in NCC, NSS, Sports and Cultural Activities according to definite criteria provided under R&P Rules leaving no scope of discretion to allot these marks on the basis of personal choice and only 10 marks have been provided for personality test on the basis of interview prescribing evaluation of personality, confidence and aptitude for the job. Therefore, it has been contended that in view of aforesaid criteria of Direct Recruitment provided in R&P Rules, there is no room for adopting different criteria for awarding marks for physical efficiency test, written test or participation in NCC, NSS, sports and other cultural activities etc. and only 10 marks are there, available with Recruitment Committee but therein also, criteria has been provided to test the candidate's knowledge regarding customs, culture and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in State viz-a-viz evaluating the candidates' personality, confidence and aptitude for the job and, thus, by and large, a ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 17 uniform pattern is applicable for awarding the marks by different Recruitment Committees in different Circles and, therefore, it has been .
canvassed that plea of petitioners that criteria for preparing the merit list of direct recruits in different Circles varies according to temperament and expectations of circle level Recruitment Committee is not sustainable.
7 Recruitment to the post of Forest Guards as well as Deputy Forest Rangers, initially, was governed by Himachal Pradesh Deputy Forest Rangers and Forest Guards Class III (Executive Section) Recruitment, Promotion and Certain Conditions of Service Rules, 1978. Rules 11(2) and 11(3) read as under:-
"(2) The inter-se-seniority of the direct recruits will be in accordance with the merit prepared by the Selection Committee.
(3) In respect of all the Deputy Forest Rangers the seniority list will be prepared and maintained by the Head of Department and that of the Forest Guards of the Circle by the Conservator concerned."
8 Annexure to these Rules provides that 60% posts of Deputy Forest Rangers shall be filled by way of promotion from amongst matriculate Forest Guards with five years service as Forest Guard and 40% by way of direct recruitment. Notes 'l' and 'r' to Annexure to R&P Rules dealing with recruitment/promotion to the post of Deputy Forest Rangers, are as under:-
::: Downloaded on - 22/08/2022 20:02:43 :::CIS 18"(l) The Chief Conservator of Forests may constitute more than one D.P.C./Selection Committee in the State for the purpose of recruitment/promotion of Dy. Forest .
Rangers but he shall prepare a joint list of merit for the purpose of seniority before the orders of appointment are issued.
(r) promotion to the posts of Deputy Forest Rangers will be made by seniority subject to rejection of unfit."
9In the year 2003, separate Rules with respect to Forest Guards known as Himachal Pradesh Forest Department, Forest Guard, Class-III (Non-Gazetted) (Executive Section) Recruitment and Promotion Rules, 2003 were framed, and by repeal and savings, as provided in Rule 2 thereof, Rules 1978 as well as Rules 1996 as amended from time to time with respect to Forest Guard were repealed. Therefore, after 2003, R&P Rules to the posts of Forest Guard and Deputy Ranger were separated.
Thereafter, appointment and promotion with respect to post of Deputy Rangers is continuing to be governed by Rules of 1978 whereas appointment and promotion with respect to post of Forest Guard is governed by separate R&P Rules. Initially, it was governed by Himachal Pradesh Forest Department, Forest Guard, Class-III (Non-Gazetted) (Executive Section) Recruitment and Promotion Rules, 2003, which were further amended in 2007 and 2014.
10 Petitioners are appointees of process undertaken under Rules 2003 as amended in the year 2007. The procedure for recruitment of ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 19 Forest Guards, by and large remained same in Rules 2014 as it was in the year 2007.
.
11 Referring Rule 17(v)(a) of Rules 2003 as amended vide Rules 2007 as well as Rule 17(8) of Rules 2014, which is identical provision in both Rules, it has been contended that seniority of Forest Guards is to be maintained at Forest Circle level as no inter-circle transfer of Forest Guard is permissible unless concerned official forgoes the seniority in the parent circle and on transfer, he shall be assigned seniority in new circle from the date of joining of circle and further that this Rule provides determination of seniority on the basis of date of joining.
12 It has been contended on behalf of respondents that though process in the year 2007, for filling up 583 posts of Forest Guard in all Circles, was initiated on 20.7.2004 and written test was conducted on one and same day, but process in various Forest Circles was completed by concerned Recruitment Committee on different dates resulting into issuance of appointment letter in different forest Circles on different dates and in Circles i.e. Rampur, Shimla and Nahan appointment letters were issued in September 2007 whereas in remaining Forest Circles appointment letters were issued on later dates i.e. in November, 2007 and resultantly joining of appointees in Rampur, Shimla and Nahan took place earlier to appointees of other circles. Therefore, despite being appointees of one and same recruitment process, initiated simultaneously in all Forest Circles, because of delay in declaration of result and issuance of ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 20 appointment letters, private respondents and others shall suffer for no fault on their part, in case seniority list is prepared on the basis of joining .
date.
13 Referring Chairman Puri Gramya Bank and another vs. Ananda Chadra Das and others, reported in (1994)6 SCC 301;
Bimalesh Tanwar vs. State of Haryana and others, reported in AIR 2003 SC 2000; and Suresh Chandra Jha vs. State of Bihar and others, reported in (2007)1 SCC 405, it has been contended that seniority of appointees of one and the same process is to be governed by common merit list of the appointees on the basis of their gradation in merit list but not on the basis of issuance of appointment letters or date of joining or on the basis of length of service.
14 Learned counsel for petitioners has contended that seniority of petitioners has been notified in the year 2010 and has been again circulated, as it stood on 1.10.2015, in the year 2015 and thereafter on 27.12.2018, as it stood on 1.1.2018, and, therefore, respondents-authority has no right to unsettle or disturb the settled position of seniority of petitioners as held in K.R. Mudgal and others vs. R.P. Singh and others reported in (1986)4 SCC 531; and Shiba Shankar Mohapatra vs. State of Orissa and others reported in (2010)12 SCC 471.
15 Referring Vimla Kumar Jain vs. Labour Court, Kanpur reported in AIR 1988 SC 394; and T.Kannan and others vs. S.K. Nayyar and others reported in (1991) 1 SCC 545, it has been ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 21 contended that in absence of any relevant Rules for seniority/promotion the length of service will be taken into consideration and it would also .
satisfy the test of Article 16 of Constitution of India. By relying upon N. Subba Rao etc. vs. Union of India and others reported in (1972)2 SCC 862, it has been contended that seniority of employee on the basis of integration/merging of two or more cadres/services, is to be determined on the basis of length of service.
16 Putting reliance upon APSEB vs. R.Parthasarthi, reported in (1998)9 SCC 425, it has been contended that benefit of past service for purpose of seniority cannot be denied and therefore, service rendered by petitioners, prior to joining of other Forest Guards who have been appointed in other Circles after joining of the petitioners, cannot be ignored for determining their seniority.
17 As reiterated in Bimlesh Tanwar's case, it is well settled that in absence of Rules governing seniority, an executive order may be issued to fill-up the gap and in absence of a Rule or executive instructions, the Court may have to evolve a fair and just principle which could be applied in facts and circumstances of case.
18 It is also settled that employer has a right to determine transparent, fair and impartial criteria for selection to a post through appointment or by way of promotion. It is also well settled that amongst appointees of one and the same recruitment process inter-se seniority is ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 22 determined on the basis of merit in selected list prepared in the said recruitment process.
.
19 No doubt, provisions of Rules 1978 are not applicable to the Forest Guards for framing of separate R&P Rules for them. However, promotion to the post of Deputy Ranger shall be governed by provisions of Rules 1978 which, in Note 'l' and 'n' to Annexure to these Rules, 'quoted supra' provide that promotion to the post of Deputy Forest Range Officer will be made on the basis of seniority subject to rejection of unfit and for recruitment/promotion to State cadre post of Deputy Forest Rangers, Authority has power to constitute more than one DPC/Selection Committees in the State but with rider that authority shall prepare a joint list of merit for the purpose of seniority before passing/issuing orders of appointment, meaning thereby that joint list of merit is to be prepared at State level by amalgamating seniority list of various Forest Circles for the purpose of determining seniority for promotion to the post of Forest Deputy Ranger.
20 Rules 2003, Rules 2007 and Rules 2014 do not provide any procedure or method for amalgamation of various seniority lists or preparing seniority list in a circle. In absence of specific provision, General Rule, as propounded and upheld by the Apex Court also, as evident from the pronouncements referred supra, seniority of direct recruits shall be determined in the order of merit in selection list subject to adjustment of candidates selected on applying the Rule of reservation and roster and as ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 23 such, seniority of those, appointed under the same recruitment process, shall be assigned from their order of merit in the appointment order and .
not from the dates of their joining. Rule 17(v)(a) of Rules 2003 as amended by Rules 2007, and Rule 17(8) of Rules 2014 speak about maintaining seniority at Forest Circle level but it is not for the purpose of promotion to the post of Deputy Forest Ranger but it speaks about permissibility and impermissibility of transfer of a Forest Guard from one Forest Circle to another Forest Circle and providing a condition for transfer to forgo the seniority in the parent Circle. These provisions also do not say that seniority of Forest Guards who are appointee of the same selection process is to be determined on the basis of date of joining or length of service. Date of joining is basis for determining seniority only in case of joining another circle after inter-circle transfer after loosing seniority of service in previous circle. There is silence about the manner in which seniority shall be determined at the time of initial recruitment. There is also no specific provision for determining the seniority or amalgamating the seniority list of various Forest Circles for the purpose of promotion to the post of Deputy Forest Ranger. Rules 1978 provide promotion to the post of Deputy Forest Ranger on the basis of seniority. Post of Deputy Forest Ranger is State cadre post and, therefore, seniority of Forest Guard is to be considered at the State level by amalgamating his seniority with the Forest Guards working in other Forest Circles. No specific procedure has been provided for that. Therefore, respondents' authority is competent to issue instructions and guidelines for that and, therefore, ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 24 instructions dated 8.8.2019 are within the domain and power of respondents authority.
.
21 Next question requires to be considered is that whether the instructions provide impartial, fair and transparent criteria for causing/refixing the seniority of Forest Guards for the purpose of promotion to the post of Deputy Forest Ranger or not.
22 As discussed supra, seniority of appointees of one and the same recruitment process is to be determined on the basis of merit. In present case, recruitment process for 583 posts was initiated on one and the same date i.e. 20.4.2007 by providing identical criteria of Physical Efficiency Test, conducting a Written Examination at State level and making evaluation of written papers by one and the same Agency UHF on one and the same time. Thereafter, process of Personality Test was bifurcated by assigning it to various circle level Committees but with a prescribed criteria for awarding the marks. Therefore, all 583 appointees are to be considered appointees of one and the same selection process, particularly for the purpose of determining interse seniority amongst them for considering their candidature for promotion to the post of Deputy Forest Ranger, by amalgamating the merit list of each Forest Circle on the basis of order of merit by taking into consideration their marks in the selection process. All 583 candidates are appointees of one and the same selection process and conducting of interview and declaration of result was not in their hand and delay in interview or declaration of result has ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 25 caused their joining later than the petitioners or some other serving in other Forest Circles. Therefore, they should not be made to suffer on .
account of mis-management, lack of coordination or laxity on the part of Recruitment Committee for one reason or the other. There may be possibility of granting marks, out of 10 marks, kept for personality test liberally by one Committee or conservatively by another but at the same time, date of joining on the basis of offer of appointment made on different dates, but for appointment to the post advertised at one and same time undertaken to be filled with one and same selection process cannot be made basis for determining the seniority amongst appointees of the same process. It is also noticeable that for appointment to various posts Himachal Pradesh Public Service Commission as well as Staff Selection Commission Hamirpur also constitute different Boards for personal interview for selection to the post advertised through one and the same Advertisement, Agency and undertaken to be filled through one and the same process. Whenever there are large number of posts causing call of interviews to large number of candidates, merit in such recruitment process is prepared but after amalgamating the award list prepared by different Selection Committees particularly when Selection Committees have to award marks on fixed standard and criteria with limited or least choice to deviate it.
23 Therefore, I find that there is no illegality, irregularity or infirmity or perversity in the impugned instructions dated 8.8.2019 directing to recast the seniority as per merit gained in Direct ::: Downloaded on - 22/08/2022 20:02:43 :::CIS 26 Recruitment/Limited Direct Recruitment for the purpose of promotion of Forest Guards to the post of Deputy Forest Rangers.
.
24 Respondents authority can amalgamate the merit list of various Forest Circles only with respect to those candidates who are appointee of one and same recruitment process but not of those who have been appointed by undertaking different recruitment process either prior to or after a particular recruitment process.
25Before parting, I consider it necessary to issue direction to respondents that in future as and when recruitment process is undertaken for filling up the posts of Forest Guard in various Forest Circles, at State level, then one and the same Advertisement must be issued to fill-up such posts by prescribing the common dates of completion of various levels i.e. Screening, Physical Efficiency Test, Written Examination, result of Written Examination, conducting Interview for Personality Test and declaration of Final Result in every Forest Circle and also for issuance of appointment letter(s) in all Forest Circles so as to avoid any controversy like present one in future.
Petitions stand dismissed accordingly including all pending miscellaneous application(s), if any in aforesaid terms. Interim order(s) stand vacated.
August 22, 2022 (ms) (Vivek Singh Thakur)
Judge
::: Downloaded on - 22/08/2022 20:02:43 :::CIS