JIWAN SINGH (FORESTER) Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2014-9-542
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 24,2014

JIWAN SINGH (FORESTER); JIWAN SINGH Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The petitioner, who is serving as Forester under the Department of Forest, State of Haryana, has filed the instant writ petition impugning the order dated 23.06.1999 (Annexure P-4) vide which private respondents were appointed on the post of Forester. Further challenge is to the order dated 14.06.2006 (Annexure P-6) whereby seniority in the cadre of Forester was determined and the private respondents were shown senior to the petitioner. Even the consequential order dated 12.08.2014 (Annexure P-9) promoting the private respondents to the post of Deputy Ranger is under challenge.
(2.) Brief facts as canvassed by the counsel are that the petitioner joined service with the respondent Forest Department as Forest Guard on 23.05.1981. The private respondents are stated to have joined as Forest Guards on subsequent dates. Earlier the service conditions of employees of the Forest Department were governed by the Punjab Forest Subordinate Service (Executive Section) Rules, 1944. Subsequently, the Haryana State Forest Executive Section (Group-C) Service Rules, 1998 were notified. As per the 1998 Rules, the method for recruitment to the post of Forester was changed. As per counsel vide impugned order dated 23.06.1999, the respondents acting illegally gave benefit of the 1998 Rules and appointed the private respondents to the post of Forester. It is submitted that representations were submitted by the petitioner immediately thereafter. However, instead of looking into the grievance raised by the petitioner, order dated 14.06.2006 (Annexure P-6) was passed, whereby benefit of seniority was given to the private respondents under the garb of the 1998 Rules. The petitioner is stated to have filed an appeal on 04.10.2006 and the same had been rejected on 04.12.2013 at Annexure P-8. Thereafter the respondent Department has even promoted the private respondents to the post of Deputy Ranger vide order dated 12.08.2014 at Annexure P-9.
(3.) Having heard learned counsel for the petitioner at length, this Court is of the considered view that the appointment of the private respondents to the post of Forester in the year 1999, grant of seniority to them vide order dated 14.06.2006 as also consequential order of promotion as Deputy Ranger(s) on 12.08.2014 would not require any examination on merits.;


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