- (1.) PRAFULLA C. Pant, J. By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus commanding the respondents to appoint petitioner as Forester in Garhwal Circle of the Forest Department. He has also sought payment of salary w. e. f. 11-7-1988, treating the petitioner, who is a Forest Guard, as Forester, for said period.
(2.) HEARD learned Counsel for the parties and perused the record. Brief facts of the case, as narrated in the writ petition, are that the petitioners father Sohan Singh Bist, who was a Forester in Bhirigukhal Range, Lansdowne, Division of Garhwal Circle, died on 15-9-1987. At the, time of his death he left behind him his widow and three sons. Petitioner is an eldest son of the deceased Sohan Singh Bist. His education qualification was High School. He sought appointment on compassionate ground as Forester, against the post of his father, in the Forest Department. He was called by the respondents and interviewed. However, the petitioner was appointed as Forest Guard (not as Forester) in the Forest Department. The appointment was given to the petitioner in the year 1988. The petitioner joined his duties as Forest Guard and is working on said post, since 1988. However, he made fresh representation seeking his appointment on the post of Forester, but to no avail. Ultimately, the petitioner filed this petition, before the Allahabad High Court in the year 1998, from where it has been received by way of transfer to this Court, for its disposal. The respondents contested the petition and filed their counter-affidavit, wherein it has been admitted that the petitioner's father Sohan Singh Bist was a Forester, who died on 15-9-1987. Denying the rest of 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech the contents, as stated in the petition, it is pleaded by the respondents that the Conservator of Forests interviewed the petitioner and he was found unfit for the post of Forester. However, considering the other factors, appointment on compassionate ground was given to him on the post of Forest Guard, in July, 1988, and the petitioner in pursuance of said letter dated 28-7-1988, joined his duties, on 11-8- 1988. It is stated in the counter-affidavit that after the period of seven years, now, the petitioner is agitating that he should have been appointed as Forester. It is further stated in the counter- affidavit that the petitioner has no right to be appointed on the post of Forester. It is further stated in the counter-affidavit that the petitioner was found fit for the post of Forest Guard only, as such, he was rightly appointed on said post.
(3.) IN the rejoinder affidavit, the petitioner has reiterated the contents of the petition, stating that he has been deprived of appointment on the post of Forester arbitrarily, by the respondents. Having heard learned Counsel for the parties and going through the record, it appears to be an admitted fact that the petitioner's father-died in harness as Forester. It is also not disputed that the petitioner was given appointment on compassionate ground on the post of Forest Guard, and he joined his duties on said post, in the year 1988. It is pertinent to mention here that the post of the Forest Guard is a Class IV post (Group 'd'), while the post of the Forester is a Class III (Ministerial) post. Both the posts are out of the purview of the Public Service Commission. The provisions of the U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, are applicable to the case of the petitioner. It is not a matter of right that the petitioner can claim his appointment on the post of Class IIi (Group 'c' ). The object of the Rules is to provide helping hand to the members of the bereaved family of the employee, who had died during harness. By appointing the petitioner as Forest Guard, the necessary assistance has been provided by the respondents, to the family of the deceased.;