LAWS(HPH)-1983-5-4

B.N.GHILDYAL Vs. UNION OF INDIA

Decided On May 30, 1983
B.N.GHILDYAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 31 -7 -1978 recorded by a learned single Judge of this Court dismissing the writ petition of the appellant -petitioner on the short ground that it suffered from the vice of delay and laches.

(2.) The appellant Shri B. N. Ghildyal was selected to the H. P. Forest Service Class II (for short HPFS Class II) by the Union Public Service Commission (for short UPSC) in the year 1956. Later after completion of Three Years training Course (1956 -59) in the Indian Forest College Dehra Dun, he was appointed to officiate in the HPFS Class II with effect from 1 -10 -1958, Two other batch -mates of Shri Ghildyal, namely, Sarvshri R. S. Gujral and A. K. Mukerjee were also similarly appointed to officiate in the HPFS Class II with effect from 1 -10 -1958. Both these officers, however, by virtue of their better performance in the training course were ranked senior to the appellant.

(3.) In the year 1962 there arose some vacancies in the cadre of HPFS Class I which was obviously a service superior to HPFS Class II. Mode of appointment to this Class I Service in these days was 75% by direct recruitment and 25% by promotion. All the vacancies existing in this Class I Service in the year 1962 pertained to direct quota. This is apparent from letter No. Ft. 12 -339/58 -11 dated 22 -5 -1962 existing in file No. Ft. 45 -33/56 -III (E) produced for our inspection by the Forest Department. A copy of this letter has been put on this record as annexure X -l.