The court established that the Rajasthan Forest Subordinate Service Rules permit centralized promotions for Assistant Foresters without requiring division-level processes.

JUDGMENT

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The matter came up on the second stay petition; however, after detailed arguments and with the consent of learned counsel for the parties, the matter was being heard finally.

3. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

"It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or directions (i) the impugned order dated 29.04.2020 (Annex.8), order dated 30.07.2020 (Annex.9) and letter dated 31.07.2020 (Annex.10) may kindly be quashed and set aside. (ii) the respondent No.1 may kindly be restrained from transferring any sanction post of Assistant Forester at divisional level, from one division to another division, for the purpose of promotion in another division on these transferred posts from the post of Forest Guard to Assistant Forester and (iii) the respondents may kindly be further directed to prepare the seniority list of Forest Guard at division level and further given promotion on the post of Assistant Forester according to the seniority list of division level.

Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners."

4. Learned counsel for the petitioners submitted that the petitioners are direct recruits on the post of Forest Guard and were appointed on 02.12.2016, as per the provisions of Rajasthan Forest Subordinate Service Rules, 2015 (hereinafter referred to as 'Rules of 2015').

Learned counsel further submitted that the selection on the post of Forest Guard has been made 100% by way of direct recruitment.

Learned counsel also submitted that the next promotional post from Forest Guard is Assistant Forester, and the said post is to be filled 100% by way of promotion from amongst the Forest Guard.

Learned counsel further submitted that the appointing authority of the petitioners is the Deputy Conservator of Forests, and their seniority is required to be determined and promotions are required to be made at the division level.

Learned counsel also submitted that the post of Assistant Forester also required to be determined at the division level and each division is having a separate number of posts of Assistant Forester.

Learned counsel further submitted that vide order dated 12.02.2020, the respondents an order regarding distribution of the posts, according to the position as on 01.02.2020.

Learned counsel also submitted that the promotion from the post of Forest Guard to Assistant Forester on division basis and seniority of Forest Guard also maintained at division level.

Learned counsel further submitted that the respondent No.1, vide order dated 29.04.2020, transferred some posts of Assistant Forester from one division to another division on the ground that in some of the forest division, Forest Guards, who have been appointed in the year 1992, have not been promoted on the post of Assistant Forester; but in some forest divisions, where the Forest Guard appointed in the year 2011, were promoted on the post of Assistant Forester.

Learned counsel also submitted that till date, as per the provisions of the Rules of 2015, the seniority list of Forest Guard and Assistant Forester is being maintained at division level and promotion has also been made on the basis of seniority at the division level, but vide letter dated 31.07.2020, the respondent No.2 issued a direction for constituting a committee for the purpose of maintaining the seniority on centralized basis instead of decentralized one.

Learned counsel further submitted that the criteria, eligibility and procedure for promotion and seniority is prescribed under Rules 37 & 42 of the Rules of 2015. The relevant portion of the said Rules, as