Decided on March 01,2012

Pushkar Chandar Joshi Appellant


Barin Ghosh, J. - (1.) BOTH these appeals address the same issues and, accordingly, dealt with as under:
(2.) IN the writ petitions, validity of the rules, known as Uttarakhand Absorption on the Posts of Forest Range Officer Rules, 2011, framed under the proviso to Article 309 of the Constitution of India, were challenged. As and by way of interim prayer, it was prayed that until such time the writ petitions are decided, no absorption be made on the basis of the said Rules. A learned Judge, who dealt with the writ petitions and the interim prayers, while called for affidavits, by the judgment and order under appeals, directed that any absorption made pursuant to the impugned Rules shall be subject to the result of the writ petitions. Being aggrieved thereby, present appeals have been filed. The first contention is that the Rules under challenge in the writ petitions being ultra vires of the Constitution and other laws, the learned Judge should have had allowed the interim prayers as were made. We think that in order to ascertain whether the contentions raised in the writ petitions are correct or not, the learned Judge gave an opportunity to the respondents to bring forth their case by filing affidavits and, accordingly, felt, at that stage, not to express any prima facie view as regards the validity of the Rules as were challenged. We do not find any reason to interfere with the exercise of such discretion.
(3.) IT was next contended that in view of the ongoing election process, steps to regularize under the said Rules were not being taken, but by reason of the observations made in the judgment and order under appeals to the effect that any absorption made pursuant to the impugned Rules shall be subject to the result of the writ petitions, steps will be taken promptly to absorb the private respondents. We make it clear that by the orders under appeals, no direction has been issued by the learned Judge for absorption of any person under the Rules.;

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