- (1.) This order shall dispose of CWP Nos.4891; 6028; 5446; 7397; 11955 & 27537 of 2013 and CWP No. 22798 of 2012 filed by the promotee members of the State Forest Services against the orders dated 25.5.2011 and 5.11.2012 passed by the Additional Chief Secretary, Government of Haryana; and CWP Nos. 14858 of 2011; 4975 of 2013; 5016 of 2013; 6128 of 2013; filed by the direct recruit members of the State Forest Services. Since the issue is common in all the writ petitions, all the cases are being taken up for decision together. However, for facility of reference, the facts are taken from CWP Nos. 6028 of 2013 and/or 4891 of 2013.
(2.) The Haryana Forest Department (State Service Group (B) Rules, 1980 (for short 'the Rules') were published on 24.4.1980 after repealing the Punjab Forest Service Class-II Rules, 1941. All the petitioners were appointed after the commencement of the Rules either by way of direct recruitment or by way of promotion, therefore, it is these Rules which are applicable to all the members of the service. It may further be noticed that in terms of Rule 2(h) of the Rules, service means, the Haryana Forest Department State Service, Group-B. In terms of Rule 3, the service comprises the posts as shown in Appendix-A. 66-2/3% of the posts are to be filled up by promotion amongst the Forest Rangers and 33-1/3% by direct recruits in terms of Rule 9 of the Rules. In terms of Sub-clause (2) of Rule 9, promotions are required to be made by selection in consultation with the State Public Service Commission on senioritycum- merit basis, but the seniority alone shall not give anyone the right of appointment. It is Rules 11, 12 and 13 of the Rules, which require adjudication of this Court. For facility of reference, the same are extracted below:- "11. (1) Every member of the Service shall within two years from the date of his appointment to the Service pass the departmental examination prescribed by the Government from time to time. (2) If a member of the service passes the departmental examination before the date of his second increment falls due, then the said increment be released to him from the date the increment becomes due. (3) If a member of the service passes the departmental examination after the date on which his second increment falls due, then the said increment should be given to him from the date following the last day on which the departmental examinations are completed. The increment shall be released with retrospective effect from that date but no arrears shall be paid for the past period. (4) If a member of the Service fails to pass all the departmental examinations or any part thereof and is subsequently exempted by competent authority from passing the examination(s) his increments shall be released from the date he is given such exemption. The increment shall be released with retrospective effect but no arrears shall be paid for the past period. 12. (1) Persons appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct recruitment and one year, if appointed otherwise :- Provided that (a) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation; (b) any period of officiating appointment shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy. (2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may,- (a) if such person is appointed by direct recruitment, dispense with his services, and (b) if such person is appointed otherwise than by direct recruitment (i) revert him to his former post; or (ii) deal with him in such other manner as the terms and conditions of the previous appointment permit. (3) On the completion of the period of probation of a person, the appointing authority may - (a) if his work or conduct has in its opinion been satisfactory (i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or (ii) confirm such person from the date when a permanent vacancy occurs, if appointed against a temporary vacancy, or (iii) declare that he has completed his probation satisfactorily if there is no permanent vacancy; or (b) if his work or conduct has in its opinion been not satisfactory- (i) dispense with his services, if appointed by direct recruitment, if appointed otherwise, revert him to his former post or deal with him in such other manner as the terms and conditions of previous appointment permit; or (ii) extend his period of probation and thereafter pass such order, as it could have passed on the expiry of the first period of probation: Provided that the total period of probation, including extension, if any, shall not exceed three years. 13. Seniority, interse of members of the Service shall be determined by the length of continuous service on any post in the Service: Provided further that in the case of members appointed by direct recruitment, the order of merit determined by the Commission, shall not be disturbed in fixing the seniority : Provided further that in the case of two or more members appointed on the same date, A member appointed by direct recruitment shall be senior to a member appointed by promotion."
(3.) On 9.7.1999, 20 Forest Range Officers (including the petitioners) were promoted to the post of Haryana Forest Service Group-B, on purely temporary ad hoc basis. The services of 24 Officers, including the petitioners, were regularized on 18.9.2003 from the date mentioned against their names such as of Shri O.P.Sharma and Shri R.K.Sharma with effect from 9.7.1999, the day they were promoted on ad-hoc basis. Another order was passed on 16.1.2008, revising the date of regularization of services of certain other officers. Later, on 26.6.2007, O.P.Sharma and R.K. Sharma were confirmed with effect from 7.4.2003 and 1.10.2005 respectively on the availability of permanent vacancies. The State Government passed an order on 9.3.2010 modifying the order dated 26.6.2007 so as to confirm the services of O.P. Sharma from 11.1.2001 and that of R.K. Sharma from 4.2.2005. Such order was again modified on 7.4.2010 in partial modification of the orders dated 26.6.2007; 18.6.2009 and 9.3.2010, consequently, the date of confirmation of R.K. Sharma was changed to 26.5.2003 while there was no change in the date of confirmation of O.P.Sharma. This order of 7.4.2010 was withdrawn on 16.11.2010. There is no dispute about the orders of confirmation and regularization of the services passed upto 16.11.2010.;