Amar Singh and Others vs State of Himachal Pradesh and Others

V.K. Sharma, J.—Since common questions of law and facts are involved in all these petitions, the same are being disposed of by a common judgment. However, for the sake of convenience facts of the case in CWP(T) No. 10590 of 2008, titled Amar Singh v. State of H.P. and others, which are identical to all other cases are being noticed.

The Petitioners in the above titled petitions were recruited as Forest Guard in the Respondent-department on different dates. Thereafter, they were sent for training as per the provisions of H.P. Forest Training Rules, 1992 ( in short ''the Rules), Rule 3.5 where of provides that in case the trainee was successful in completing the training with 75% or above marks, he would be treated to have qualified the training with honours and consequently he would be entitled for accelerated promotion to the next rank on completion of five years of service after amendment in the Recruitment and Promotion Rules.

However, later on the above provision for accelerated promotion was deleted from Rules vide notification dated 5.5.2001, Annexure R-2.

Against the above backdrop, the petitions have been filed on the following identical prayers:

I. That the Respondents may be directed to make appropriate provision to grant accelerated promotion to the Forest Guards when they pass the training with Honours with all consequential benefits.

II. That the applicant may be given promotion to the post of Deputy Ranger from the date Government ahs made promotions to the post of Deputy Ranger after 29th April, 1996 with all consequential benefits.

In the reply filed on behalf of the Respondents, the following stand has been taken by way of preliminary submissions:

In the Rule 3.5 of H.P. Forest Training School Rules 1992 notified dated 28.7.92 and published in the H.P. Gazette on 11-12-1993 (Annexure R-1) there w as provision that "trainees securing 75% or above marks in total will be equivalent to the Honour and those having certificate with five years service will be entitled for accelerated promotion in the Department after amendment in Recruitment and Promotion Rules" Shri Amar Singh, Forest Guard now Deputy Ranger applicant filed an OA No. 1757/95-titled Sh. Amar Singh, Forest Guard v. State of HP in the Hon''ble SAT, in the said OA the reply filed by the state Respondents was indicative of the fact that the amendment in R & P rules with reference to Deputy Rangers was under progress. On the basis of the reply filed by the Respondent, the OA was decided by the Hon''ble Tribunal on 29-4-1996 in favour of the applicant with the directions to the Respondents to effect the requisite amendment in the existing rules in accordance with law and then consider the applicant for accelerated promotion to the post of Dy. Ranger within three months. Accordingly matter was taken up with the Govt. by the Respondent No. 2 for incorporating necessary amendment in the R&P Rules. That the amendments in the Recruitment & Promotion Rules are effected under the proviso to Article 309 of the Constitution of India after the matter is examined in the Administrative Department, Department of Personnel, Law, Finance, HP Public Service Commission, Secretaries, Committee and finally with approval of the cabinet. Before, making necessary amendment in the R&P Rules the matter is to be placed before the Cabinet. Beside above, there is a larger cadre of Forest Guard of 2581 posts and 798 posts of Deputy Ranger. Due to lesser No. of promotional posts in the cadre of Deputy Ranger the Forest Guard even with longer service do not get promotion in time and a Forest Guard of 28 to 30 years of service get a change of promotion to the post of Deputy Ranger. In case the recruitment and promotion rules are amended for giving accelerated promotion on the basis of result of Forest Guard training course, other Forest Guards sitting on the verge of retirement may not even get promotion. This will result in stagnation and cause heart burning amongst the senior most Forest Guards. Considering all the pros and cons. It was decided by the Govt. to delete the provision regarding accelerated promotion vide Notification No. Fts-1(B)12-4/4/80-1 dated 05-05-2001 (Annexure R-II) and decided to delete the provision regarding accelerated promotions. As such Recruitment and Promotion Rules could not be got amended. The applicant ahs also filed Cont. Pet. 32/97 and MA No. 1757/95 in Cont. Pet. 32/97. This Cont. petition was also dismissed by the Hon''ble HP SAT Court on 30-12-2004. (Annexure R-III). Since Govt. vide Notification No. Fts(B)12-4-80-1 dated 05-05-2001 the provision contain ed in HP Forest Training rules 1992 under Clause 3.5 regarding accelerated promotion to the post of Deputy Ranger has been deleted, therefore, the claim of the applicant for accelerated promotion has not been found proper. Beside above, as per H.P. Forest Training Rule 1992 notified dated 28th July, 1992 and published in the H.P. Gazette on 11th December, 1993, there were no provisions for deputing Forest Guards for training by virtue of their seniority in the Department. Moreover, the applicant deputed for training with effect from 15.11.1993 to 30.4.1994 whereas the training rules published on 11.12.1993 are not applicable to the applicant. Keeping in view the facts stated above the present OA deserve to be dismissed.

Admittedly, the Petitioners had qualified the requisite training with honours prior to issuance of notification dated 5.5.2001 (Annexure R-II). It is settled that any change in service conditions detrimental to an employee can have only prospective effect and cannot be made applicable retrospectively.

It is manifest from the stand taken on behalf of the Respondents that benefit of accelerated promotion was not given to the Petitioners for the reason that R & P Rules were not amended as such an exercise was bound to have adverse effect on promotional avenues for other members of the service and thus causing resentment amongst them. However, now since the very provision for accelerated promotion stands deleted from the Rules, such a contention is not available to the Respondents.

In some what similar circumstances relating to another service under the Respondent-department, namely Forest Range Officers, there was a similar provision in the instructions issued by the Union of India for grant of accelerated promotion to Forest Range Officers on successful completion of Diploma Course in Forestry. In that case as well the stand taken by the Respondent-department was that in the absence of requisite provision in the R & P Rules, benefit of accelerated promotion could not be given to the Forest Range Officers. Consequently, they took the matter to the Court and ultimately it was decided by this Court in CWP No. 586 of 1999 along with connected petitions, titled Ramesh Chand Dhiman and Ors. v. State of Himachal Pradesh and another etc. etc. , wherein it was held as under:

We consequently allow the writ petitions, set aside the orders of the learned Tribunal dated 15th December, 1999 and hold that the Petitioners are entitled to be inducted in the H.P. State Forest Service-II with effect from the date they successfully completed the State Forest Service Course (Diploma Course) in Forestry with all consequential benefits.

In view of the above, the petitions are allowed with a direction to Respondent No. 1-State to consider the cases of the Petitioners for accelerated promotion to the post of Deputy Ranger in accordance with the then existing H.P. Forest Training Rules, 1992, along with all the consequential benefits, within three months from today.

The petitions, so also pending CMP(s), if any, stand disposed of in the above terms.