Point of Law: 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.

JUDGMENT :

1. These petitions involving common questions of facts and laws, are being decided by this common judgment.

2. Petitioners, serving as Forest Guards in Forest Circle, Nahan, District Sirmaur and Forest Circle Shimla, District Shimla have approached this Court against impugned directions contained in communication dated 8th August, 2019 (Annexure P-12 in CWP No 2765 of 2019 and Annexure P- 20 in CWP No. 3077 of 2020) issued by Principal Chief Conservator of Forest (Pr.CCF) (HOFF), Himachal Pradesh to all Chief Conservator of Forest (CCFs)/Conservator of Forest (CFs) (T&WL) in Himachal Pradesh whereby direction has been issued for recasting the seniority of Forest Guards for their promotion to the posts of Deputy Ranger (State Cadre), as per the merit gained in Direct Recruitment/Limited Direct Recruitment process in order to prepare/draw State Level Panel of eligible Forest Guards after holding DPC at Circle level.

3. Plea of petitioners is that aforesaid instructions/directions have been issued on the basis of order dated 13.2.2019, passed by the Erstwhile H.P. State Administrative Tribunal in OA No. 584 of 2019 titled Kushal Chand vs. State of HP, which is not applicable to present petitioners being appointees of Direct Recruitment against 90% quota of Direct Recruitment provided in R&P Rules, whereas the said order was passed by the Erstwhile H.P. State Administrative Tribunal with respect to Forest Guards appointed from amongst Class-IV employees of Department against 10% quota of Limited Direct Recruitment. Further that appointment through Limited Direct Recruitment was undertaken by respondents-Department in the year 2003 by preparing State Level List after undertaking the Recruitment process at State level and therefore, their inter-se seniority was directed by the Erstwhile H.P. State Administrative Tribunal to be determined on the basis of State level seniority list prepared on the basis of inter-se merit amongst them, whereas, petitioners have been appointed by the Recruitment Committee constituted at Circle Level by preparing separate and distinct merit list at Circle Level by issuing appointment letter at Circle Level and, therefore, it has been contended that seniority list of Forest Guards, appointed at Circle Level against 90% quota for direct recruitment, cannot be made at State level on the basis of merit after amalgamation of the select list of different Circles and, it has to be maintained on the basis of length of service from the date of joining as a Forest Guard because process of appointment, though was initiated by issuing advertisement and continued by conducting screening of candidates, assessing physical efficiency and evaluating written paper together but was completed by conducting personality test and declaring the result at circle level after preparation of separate merit list at each Circle level through different and distinct circle level Recruitment Committees.

4. It has also been contended on behalf of petitioners that as direct recruitment was made at circle level by different Recruitment Committees and, therefore, there is possibility of adopting different criteria, either liberal or strict, in awarding marks by each circle level Selection Committee, there is every possibility of awarding lesser or higher marks in such selection of Forest Guards depending upon conservative or liberal approach of concerned Committee and on amalgamation of different circle level merit list shall put topper of select list prepared by conservative committee at a considerable lower place in combined amalgamated select list and preparation of State level seniority list is not only contrary to adopted and accepted procedure for preparing seniority list of Forest Guards for promotion of Deputy Ranger but also an arbitrary act causing grave injustice to petitioners and other similarly situated persons.

5. Case of respondents, as pleaded, is that appointment and selection by way of promotion to the post of