Back
SUPREME COURT OF INDIA
K.M. JOSEPH AND HRISHIKESH ROY, JJ.
Omkar Sinha and Another – Appellants
Versus
Sahadat Khan and Others – Respondents
Civil Appeal No. 3504 of 2022 (Arising out of SLP (C) No. 13668 of 2015) With Civil Appeal No. 3505 of 2022 (Arising out of SLP (C) No. 13684 of 2015)
Decided on : 29-04-2022
Service Law – Training – Practice of training of Forest Guard as Forester – Appellants stood first in training programme during training as Forest Guards – There was a reorganisation of State – Government Order which would appear to be a Government Order in undivided State of Madhya Pradesh continued in terms of Reorganisation Act – Such Government Orders of undivided State of Madhya Pradesh would continue to hold field till it was revoked in manner known to law – Reasoning which has been employed by Division Bench cannot be sustained – Appeals allowed and impugned judgments set aside. (Para 15)
Facts of the case:
Appellant No. 1, who was undergoing training as Forest Guard stood first in training. He felt entitled to be selected for training as Forester, on the basis of the order dated 17.10.1977. A writ petition came to be filed as WP 45/2010 seeking direction that the appellant No. 1 be sent for Forester training. Judgment was rendered on 11.01.2012 noting that there was some proposal to abolish the practice of sending Forest Guard who stood first; noting that this is a policy matter, a decision was directed to be taken on the said representation.
Findings of Court:
Case of the writ petitioners was premised on the order dated 14.12.2009 bringing about revocation of the order dated 17.10.77. Even petitioners did not set up a case that 14.05.2009 is an order revoking 14.05.2009. In matters of this nature, role of proper pleadings must be emphasised for the parties join issue on the basis of case which has been built up before Court.
Result : Appeals allowed.
JUDGMENT
K.M. JOSEPH, J.:
Leave granted.
2. Both the appeals raise common questions. We take civil appeal arising from SLP (C) No. 13668 of 2015 as the leading case.
3. Respondent No. 1 was appointed as a Forest Guard on 03.05.1980. He completed his training as Forest Guard in the year 1987. Appellant No. 1 came to be appointed as Forest Guard on 15.11.2007. The second appellant was also appointed as Forest Guard on the same day. The appellants were originally part of undivided State of Madhya Pradesh. Upon the enactment of the State Reorganisation Act, 2000, a new State viz., State of Chhattisgarh was born on 01.11.2000. While the State of Madhya Pradesh was undivided, State of Madhya Pradesh, on 17.10.1977 issued the following circular:
“Copy letter No. 13/10474/1977/1/x dated 17.10.77 from the Government of Madhya Pradesh, Department of Forest, Bhopal to the Principal Forest Conservator, Madhya Pradesh, Bhopal.
Sub : - For giving entry in the Ranger's Training to the candidate who stood first in the Forest Guard Training School without entrance examination as well as for fixation of height of 163 c.m.
Ref : - Your memo/copy/153/5737 dated 18.7.77.
The State Government grants approval for keeping the height of 163 cm (one hundred sixty three c.m.) for the entire forest schools as well as Forest Guard's training schools and those Forest Guard who passes the examination of the Training schools in first class is granted approval for sending in the Ranger's Training session without entrance examination.
By the name and order of the Governor of Madhya Pradesh.
Sd/-
4. Based on a proposed strike, a letter dated 14.05.2009 was issued by the Secretary to the Principal Chief Conservator of Forests:
CHHATTISGARH ADMINISTRATION
FOREST DEPARTMENT
MANTRALAYA, DAU KALYAN SINGH BHAWAN, RAIPUR
no./f 1-18/2007/10-1/Forest
Raipur, Dt.14.05.2009
To
Principal Chief Forest Conservator,
Chhattisgarh, Raipur.
Sub : - Information regarding indefinite strike w.e.f.18.5.2009 for 21 point demands by the Chhattisgarh Forest Employees Sangh, Raipur (the provision of promotion to the candidates standing first in the training of Ranger and Forest Guard. (demand No. 13).
It has been decided by the State Government that the proposal regarding grant of 02 additional increments to the candidates who stood first and 01 additional increment to the candidates who stood second in the training of Forest Guard/Ranger be approved and the previous practice be rescinded. In this regard, please submit the necessary proposal at the earliest.
Sd/-
(Kaushlendra Singh)
Secretary
Chhattisgarh Administration, Forest Department
No. F-1-18/2008/10-1
Raipur, Dated 05/2009
Copy to:
Shri Faiyaj Ahmad Khan, State President, Chhattisgarh Forest Employees Sangh, Forest Colony Complex, Raipur-for information.
Sd/-
Secretary
Chhattisgarh Administration, Forest Department
5. Next, we must notice communication dated 14.12.2009. It reads:
OFFICE OF THE PRINCIPAL CHIEF FOREST CONSERVATOR
CHHATTISGARH ARANYA BHAWAN, MEDICAL COLLEGE
ROAD, RAIPUR
BRANCH-ADMINISTRATION/NON-GAZETTED
No./Admn. Non-Gazetted.1/2009-7579
Raipur, Dt.14/12/2009
To
Chief Forest Conservator
(Ma. San Vi/Su.Pau.)
Chhattisgarh, Raipur
Sub : -Sending Forest Ranger training to the Forest Guards stood first in the Forest Guard Training School.
Ref. : Your letter No./Ma. Sun.Vi./Su./Pau./1133 dated 09.12.2009
By the letter under reference on the captioned subject, Shrilal Netam, Forest Guard has been mentioned for sending in the Forest Ranger Training. It is written in this regard that by considering on the demand No. 13 out of 21 point demands of the Chhattisgarh Forest Employees Sangh by the Chhattisgarh Administration, Forest Department, decision has been taken to grant 02 additional increments to the trainees who stood first in the Forest Guard/Ranger training and 01 additional increment to the trainees who stood second in the said training. Therefore, there is no need to send the candidate who stood first in the Forest Guard training for the training of the Ran
Government Order in undivided State of Madhya Pradesh would continue to hold field till it was revoked in manner known to law.
Seniority list of Forest Guards is to be prepared by Chief Conservator of Forests, for purpose of promotion to posts of Deputy Forest Rangers, on basis of length of service in grade.
It is also settled that employer has a right to determine transparent, fair and impartial criteria for selection to a post through appointment or by way of promotion.
Forest Range Officers are not part of the State Forest Service under the Indian Forest Service Recruitment Rules due to the absence of required Central Government approval for promotion eligibility.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
