RAJASTHAN FOREST SUBORDINATE SERVICE SANGH & OTHERS Vs. STATE OF RAJASTHAN & ANOTHER
LAWS(RAJ)-2002-12-24
HIGH COURT OF RAJASTHAN
Decided on December 12,2002

Rajasthan Forest Subordinate Service Sangh And Others Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

N.N. Mathur, J. - (1.) In the instant writ petition under Article 226 of the Constitution of India, the petitioners have sought following directions:- "(a) The writ petition of the petitioners be allowed. (b) An appropriate writ, order or direction be issued to the respondents to make necessary amendment in the Rules to give effect to the settlement arrived on 25.2.1989 for increasing the promotion quota. (c) An appropriate writ, order or direction be issued to the respondents to determine the vacancies to be filled in from the promotion quota in accordance with law. (d) An appropriate writ, order or direction be issued restraining the respondents from making appointment on the posts of Ranger Gr.I through direction recruits while keeping the recruitment through promotion in abeyance. (e) An appropriate writ, order or direction be issued directing the respondents to treat the entire period of service including the period spent on the post of Dy. Ranger prior to its re-designation as Ranger Gr.II, as an experience for the purpose of eligibility for promotion on the posts of Ranger Gr.I. (f) An appropriate writ, order or direction be issued restraining the respondents from filling the posts from direct recruits until the proportionate strength of Ranger Gr.I is in balance in proportion to the direct recruits and promotees, as per Rules by promoting the incumbents from Ranger Gr.II. (g) by an appropriate writ, order or direction the respondents may be directed to determine the vacancies of Ranger Grade II yearwise before from 1970 and fill up them yearwise by promotion and give all consequential benefits to the members of petitioner No. 1, who get such promotions; (h) by an appropriate writ, order or direction the State Government may be directed to relax the requirement of experience of five years' working on the post of Ranger Grade II for purposes of promotion to the post of Ranger Grade I in case of the members of petitioner No. 1. (i) costs of the writ petition be awarded to the petitioners.
(2.) The learned counsel has fairly pressed only the prayer at item No. (c) and (e).
(3.) Briefly stated the facts of the case are that the petitioner Rajasthan Forest Subordinate Service Sangh claims to be an organisation of the Forest Subordinate Staff. The Forest Ranger Grade-II are the members of the aforesaid sangh. The service conditions of the members of the sangh are governed by the Rajasthan Forest Subordinate Service Rules, 1963 (hereinafter referred to as "the Rules of 1963"). Under the Rules of 1963, for promotion on the post of Ranger-I, a Deputy Manager was required to possess five years experience on the said post. However, by notification dated 11.10.1988, Rajasthan Civil Service Revised Pay Scale Rules were amended and the post of Deputy Ranger in Subordinate Service Rules was redesignated as Ranger Grade-II w.e.f. 1.4.1988. Under the Rules, the post of Ranger Grade-I is to be filled 75% by direct recruitment and 25% by promotion. Rule 9 casts a duty on the appointing authority to determine on 1st April every year, the actual number of vacancies occurring during the financial year.;


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