High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
George Benjamin & Others
Versus
The Government of Tamil Nadu rep. by its Secretary to Government, Environment & Forest Department, Chennai & Another
Writ Petition Nos.838 to 841 of 2008 & Writ Petition No. 33489 of 2007 & M.P. Nos. 1 of 2007 and 2008
Decided On :09-03-2010
Special Rules - Promotion to the post of Forest Rangers - Rule 11 - G.O.Ms.No.378, dated 05.06.1989 - G.O.Ms.No.145, Environment & Forests (FR-II) Department, dated 10.05.1995
Fact of the Case:
The petitioners sought promotion to the post of Forest Rangers by applying Rule 11 of Special Rules. They claimed that the Special Rules were not followed properly, denying them promotion and training. The respondents argued that the Special Rule had been amended, and there was no provision for the petitioners' deputation for Ranger training as per the revised ratio.
Finding of the Court:
The court found that the Special Rule relied upon by the petitioners had been deleted from the selection process for Forest Rangers. The court noted that the statutory rule had been amended, and there was no compulsion for the respondents to consider the petitioners' case for training or promotion. The court dismissed the writ petitions, stating that the petitioners were not entitled to the relief claimed.
Issues: The main issue was whether the petitioners were entitled to promotion to the post of Forest Rangers under Rule 11 of the Special Rules, despite the subsequent amendment to the statutory rule.
Ratio Decidendi: The court held that the amendment to the Special Rule governing the promotion to the post of Forest Rangers had deprived the rights of persons like the petitioners. As the petitioners had not challenged the validity of the statutory amendment, they could not maintain the writ of Mandamus against the respondents. The court concluded that the petitioners were not entitled to the relief claimed.
Final Decision: The court dismissed the writ petitions, stating that the petitioners were not entitled to the relief claimed. No costs were awarded, and the related motions were closed.
1. Heard learned counsel for the petitioners and the learned Special Government Pleader for the respondents.
2. While the writ petitions in W.P.Nos.838 to 841 of 2008 are filed for a direction against the respondents to promote the petitioners to the post of Ranger by applying the provisions especially Rule 11 of Special Rules on the date when the juniors of the petitioners were promoted with all monetary and service benefits, W.P.No.33489 of 2007 is filed by the petitioner therein challenging the order of the second respondent therein namely the Principal Chief Conservator of Forests, Chennai, dated 28.08.2007 rejecting the claim of the petitioner to give retrospective effect to his promotion as Ranger and fix seniority on the date of promotion of his Junior Thiru.K.Subramanian.
3. The writ petitioners have joined in the Forest Department as Foresters. It is the case of the petitioners that from the post of Forester to the next post of Forest Ranger the promotion is done by the method of recruitment as per the rules namely, Tamil Nadu Forest Subordinate Service Rules which are the Special Rules. As per the said Rules, there are four feeder categories namely, i)Appointment of Forest Apprentices as per Rule 9, ii) Promotion of Foresters trained in the Northern Forest Rangers College, Dehradun or Southern Forest Rangers College, Coimbatore, iii) Promotion of Foresters on completion of training in the State Forestry Training School and iv)Appointment by transfer of trained members of the Madras Ministerial Service in the Forest Department as per Rule 10. It is stated that the petitioners are coming in the second category which is governed by the Rule 11 of the said Rules. The selection of Foresters for deputation to Rangers training at the Southern Forest Rangers College, Coimbatore or Northern Foresters Rangers College, Dehradun is done by the Chief Conservator of Forests and such persons should have passed P.U.C or Higher Secondary School examination and must not have completed 32 years of age on the 1st November of the year in which the selection for deputation to the Rangers college is made and in respect of Scheduled Caste or Scheduled Tribe or the Backward classes, the age limit shall be increased by 5 years and must have put in at least 5 years of service; that the selected person shall be an approved probationer and after the person selected shall qualify himself successfully by completing the examination prescribed for admission to the college. Thereafter, the selected candidates are sent by way of deputation to the Rangers College for necessary training and after completion of training, the Forester will be appointed as Forest Ranger. If he fails to complete the course of training satisfactorily, he will be deputed to the next training for one year. The proportion and percentage of the appointment on the said four feeder categories in respect of 1st feeder category was by 50%, 2nd feeder category was by 25%, 3rd category was by 20% and the 4th feeder category by 5%. By an amendment brought out in G.O.Ms.No.378, dated 05.06.1989, the ratio in respect of the 1st category was brought out to 45% and 4th category to 15% with retrospective effect from 18.09.1988.
4. It is the further case of the petitioners that they are all qualified to be appointed as Forest Rangers. It is stated that as on 31.12.1982, there was a shortfall of 70 appointments in the second feeder category in relation to the ratio of 25% and in the list of Rangers upto 1988 in which 539 posts and 270 posts should be direct recruits while 135 posts must come under the second category like that of the petitioners. It is stated that while filling up the posts in respect of the second category only 61 trained foresters were filled up while the eligible numbers to be filled up was 135. In 1988-1989, the departmental candidates were called for Rangers Course, for which the petitioners who are eligible have applied. Out of 465 candidates, 306 candidates
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