Ashok Kumar Sarngal vs State of Jammu and kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 125

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Tashi Rabstan and Wasim Sadiq Nargal, JJ.
Ashok Kumar Sarngal and Others – Appellant
Versus
State of J&K and Others – Respondent
LPA No.No.201/2018 c/w LPA No.124/2018 and LPA No.125/2018
Decided on 7-9-2022

Advocate Appeared:
For the Appellant(s):Mr. Z.A. Shah, Sr. Advocate with Mr. J.I. Balwan and Mr. Jagpaul Singh, Advocates
For the Respondent(s):Mr. Dewakar Sharma, Dy. AG, Mr. Abhinav Sharma, Sr. Advocate with Mr. Adarsh Bhutyal, Advocate

Headnote:(A) J&K Forest Service (Gazetted) Recruitment Rules, 1970 - SRO 106 of 1992 - Promotion of Foresters - The court emphasized that distinctions based on training, specifically DDR training, can validly inform seniority and promotional opportunities; a separate seniority list for DDR-trained Foresters is permissible. (Paras 49-61)

(B) Writ Jurisdiction - Locus Standi - Petitioners lacking DDR training lack standing to contest the seniority of DDR-trained respondents whose training was accepted as valid under applicable rules. (Paras 36-46)

Facts of the case:
The appellants, DDR-trained Foresters, challenged the Writ Court's determination that restricted promotion eligibility to Government-sponsored candidates, arguing their prior training validity.

Findings of Court:
The Court found no fault in the issuance of a seniority list based on DDR training, asserting that the prior training suffices for promotion eligibility under the applicable rules.

Issues: Whether the Government's distinction between DDR-trained Foresters and non-DDR trained is justifiable; whether the Writ petitioners have standing to challenge based on training differences.

Ratio Decidendi: The Government can reason its cadre management and make distinctions based on training type, provided it is non-discriminatory; thus, the previous ruling was set aside and the seniority list was reinstated.

Result: Appeals allowed, judgement set aside.

Table of Content
1. analysis of legal issues and statutory regulations. (Para 28 , 29 , 30 , 31 , 32)
2. court's observations on the training regulations and implications. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42)
3. conclusions drawn about distinguishing trained vs. non-trained personnel. (Para 43 , 44 , 45 , 46 , 47)
4. final legal assertions on promotional eligibility. (Para 48 , 49 , 50 , 51)
5. supreme court cases referenced to support decision. (Para 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60)
6. final judgment and order of the court. (Para 61)

JUDGMENT :

Wasim Sadiq Nargal, J.

The present appeal is arising out of Judgment dated 21st July 2018, passed by learned Single Judge of this Court in SWP No. 1025/2015, along with clubbed petitions, by virtue of which, the writ petitions were allowed and the operative portion of which is reproduced as under:-

28. Sequel to the above, Circular No.3 of 2013 dated 24.12.2013, to the extent it pertains to the private respondents, along with communication dated 25.10.2013, Forest Order No. 45 of 2015 dated 07.03.2015 and the communication no. FST/Lit/NG/280/2013 dated 17.12.2013, are quashed”.

2. Before proceeding further, it would be apt to give concise factual background of the case with a view to decide the issue in question:-

(i) That the writ petition came to be preferred by the petitioners (who were appointed as Foresters in the Forest Department), for seeking quashment of Forest Order No. 45 of 2015 dated 07.03.2015, whereby the Tentative List of DDR Foresters has been issued with a view to make promotions of respondent nos.5 to 78 (appellants herein) as Range Officer Grade I, allegedly in violation of the direction passed by the learned Single Judge of this Court in SWP No. 53/2014, on 10th January 2014, filed by the petitioners 2 and 3 and two other persons titled Vijay Khosla and Ors. v. State of J&K and Ors. The petitioners had sought the following reliefs:-

(a) Allow the present writ petition;

(b) Quash Forest Order No. 45 of 2015 dated 07.03.2015, whereby and whereunder the Tentative List of DDR Foresters has been issued with a view to make promotions of respondent no.5 to 78 as Ranger Officer Grade-I, in violation of the direction of the Hon’ble Court passed on 10.01.2014 in SWP No. 53/2014, filed by petitioner nos. 2 & 3 and two other persons titled “Vijay Khosla &Ors. Vs. State of J&K and Ors.;

(c) Quash Communication issued by respondent no.1 under No. FST/Lit/NG/280/2013 dated 17.12.2013, whereby and whereunder, it has been directed that respondent no.2 should finalize the seniority of the private respondents as notified vide Circular no. 03 of 2013 dated 24.12.2013, wherein the names of the private respondents figured at Sr. No. 38 to 115 in the list accompanying the order;

(d) Quash Office Letter No. PCCF/Seniority/DDR/Foresters/992 dated 22.03.2014 as also Officer Letter No. PCCF/NG/Estt./DDR/File No. 474/2976 dated 29.09.2014, issued by respondent no.2, purportedly in the backdrop of SWP No. 53/2014 titled Vijay Khosla &Ors. V. State &Ors. filed by the petitioners No. 2 & 3 and two other persons as also in the back of SWP No. 1486/2013 titled Kuldeep Raj &Ors. V/S State &Ors.; with further prayer that the official respondents more particularly respondent no.2 be directed to produce these Communication vide dated 22.03.2014 and other dated 29.09.2014 for scrutiny of the Hon’ble Court, so as to verify whether these Communications/Letter has been issued in pursuance to the orders passed in SWP No. 53/2014 and

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2022 Supreme(J&K) 125

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMUTashi Rabstan and Wasim Sadiq Nargal, JJ.Ashok Kumar Sarngal and Others – AppellantVersusState of J&K and Others – RespondentLPA No.No.201/2018 c/w LPA No.124/2018 and LPA No.125/2018Decided on 7-9-2022

Cases Referred (2)

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Tashi Rabstan and Wasim Sadiq Nargal, JJ.
Ashok Kumar Sarngal and Others – Appellant
Versus
State of J&K and Others – Respondent
LPA No.No.201/2018 c/w LPA No.124/2018 and LPA No.125/2018
Decided on 7-9-2022