Point of 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.

JUDGMENT :

Satyen Vaidya, J.

Letters Patent Appeals Nos. 168 and 154 of 2022 alongwith CWP No. 6930 of 2022 were heard together and are being decided by a common judgment as all these matters involve common questions of facts and law. Both the LPAs otherwise also arise out of common judgment.

2. CWP No. 2765 of 2019, titled Intzar & Ors. Vs. State of H.P. & Ors. and CWP No. 3077 of 2020, titled Sandeep Kumar & Ors. Vs. State of H.P. & ors., were filed by the petitioners therein seeking identical relief to quash letter dated 08.08.2019 (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 Forests, H.P (for short, “PCCF”). Both the petitions were dismissed by learned Single Judge, vide impugned judgment dated 22.08.2022. Appellants, who were the petitioners in the writ petitions, have assailed judgment dated 22.08.2022, passed by learned Single Judge by way of present appeals.

3. During the pendency CWP No. 2765 of 2019 and CWP No. 3077 of 2020, impugned communication dated 08.08.2019 in the said petitions, was implemented in some Forest Circles of the State. Aggrieved against such implementation CWP No. 6930 of 2022, has been preferred.

4. Parties hereinafter shall be referred to the same status which they held before Writ Court.

5. Department of Forests, has a cadre of Forest Guards. The R&P Rules to the post of Forest Guard were initially governed by Himachal Pradesh Deputy Forest Rangers and Forest Guards Class-III (Executive Section) Recruitment, Promotion and Certain Conditions of Service Rules, 1978 (for short “1978 Rules”). Separate R&P Rules for the post of Forest Guards were notified on 01.02.2003 as Himachal Pradesh Forest Department, Forest Guards, Class-III (Non-Gazetted) (Executive Section) Recruitment & Promotion Rules, 2003 (for short “2003 Rules”), whereby 1978 Rules, in so far as those related to the posts of Forest Guards, were repealed. 2003 Rules were further amended, vide notification dated 02.04.2007. The Government of Himachal Pradesh, vide notification dated 20.09.2014, notified New Recruitment & Promotion Rules for the posts of Forest Guard in the Department of Forests (for short “2014 Rules”). 2003 Rules, were repealed by 2014 Rules.

6. 1978 Rules, in so far as those related to the posts of Deputy Forest Ranger, remained in vogue.

7. Despite repeated repeal and promulgation of R&P Rules for the post of Forest Guards, the mode of recruitment i.e. 90% by direct recruitment and 10% by promotion through limited competitive test remained unchanged. Petitioners were the directly recruited Forest Guards.

8. The cadre of Forest Guards is a feeder cadre to the promotional post of Deputy Forest Rangers. As per 1978 Rules, 60% of the posts of Deputy Forest Rangers are filled by way of promotion and remaining 40% by direct recruitment.

9. Vide communication dated 08.08.2019, PCCF issued direction to all concerned to re-cast the seniority list of Forest Guards as per merit gained in direct recruitment/limited direct recruitment.

10. According to the petitioners, the instructions/directions issued by PCCF, vide impugned communication dated 08.08.2019, were against the statutory rules. As per petitioners, the cadre of Forest Guards in Department of Forests, H.P., was a Circle Level Cadre. The seniority was maintained Circle-wise and for consideration of seniority for the purposes of promotion to the post of Deputy Forest Rangers, length of service was the only criteria prescribed under statutory rules. Thus, the instructions issued by Principal Chief Conservator of Forests, H.P., vide communication dated 08.08.2019, were alleged to be dehors the statutory rules as the merit gained in direct recruitment was irrelevant criteria.

11. The claim of the petitioners was contested on the grounds that the seniority of Forest Guards maintained in some of the Forest Circles, on the basis of length of service was contrary to R&P Rules as also the direction contained in le