Punjab-Haryana High Court
Harmesh Kumar And Others vs State Of Punjab And Another on 16 March, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No. 5386 of 2008
Date of Decision: March 16, 2009
Harmesh Kumar and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE H.S. BHALLA
Present: Mr. R.K. Chopra, Senior Advocate, with
Ms. Maninder, Advocate,
for the petitioners.
Mr. Piyush Kant Jain, Addl. AG, Punjab,
for the respondents.
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in
the Digest?
M.M. KUMAR, J.
This petition filed under Article 226 of the Constitution prays for quashing Appendix-B of the Punjab Forests Subordinate (Group-C) Executive Service Rules, 2006 (for brevity, 'the Rules'), wherein a condition of experience of working as Forester/Deputy Ranger for a minimum period of 5 years with a further condition of having worked on the functionary post for a period of two years has been prescribed for promotion to the post of Deputy Ranger and C.W.P. No. 5386 of 2008 2 Forest Ranger being illegal, arbitrary and unconstitutional. A further prayer has been made for directing the respondents that the Forester/Deputy Rangers, who were already in service prior to 24.3.2006 i.e. the date on which the Rules were notified, would be governed by the earlier rules known as the Punjab Forest Subordinate Services (Executive Section) Rules, 1944 (for brevity, 'the 1944 Rules') and that the vacancies of Deputy Rangers/Forest Rangers, which were already in existence prior to the notification dated 24.3.2006 shall be governed by the 1944 Rules.
In pursuance to the direction issued on 2.3.2009, an additional affidavit bringing out the position of vacancy before amendment of the rules and also the query whether any person junior to the petitioners has been promoted, has been filed. A further amendment has been made in Rule 2(e) of the Rules, vide amendment dated 11.2.2009 by stating that additional duties of wildlife protection entrusted by the Principal Chief Conservator of Forest, vide his office order No. 55, dated 2.5.2001 (upto 23.3.2006, the date when wildlife divisions were created) while serving on a territorial post, is to be treated to be service rendered on a functional post. Mr. Satwant Singh, Senior Assistant, office of Principal Chief Conservator of Forest, Punjab, has stated that the petitioners would be covered by the modified notification issued on 11.2.2009 (Mark-A) and their cases would be considered in accordance with law. This fact is also evident from the perusal of paragraphs 2 and 3 of the affidavit.
In view of the above, Mr. R.K. Chopra, learned Senior counsel for the petitioners does not press the petition. However, he C.W.P. No. 5386 of 2008 3 requests that some time bound direction be issued.
In view of above, the writ petition is dismissed as not pressed. However, consideration of the cases of the petitioners shall take place within a period of two months from the date of receipt of a certified copy of this order.
(M.M. KUMAR)
JUDGE
(H.S. BHALLA)
March 16, 2009 JUDGE
Pkapoor