Eligibility for appointment based on meeting required physical standards and consideration for alternative appointment based on eligibility and seniority.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ ofMandamus, directing the 1 to 2 respondents to appoint the petitioner as Forest Watcher from the date on which the third respondent was appointed as Forest Watcher and pay all arrears of salary, seniority and other consequential benefits.)

1. The relief sought for in the present writ petition is to direct the 1 to 2 respondents to appoint the petitioner as Forest Watcher from the date on which the third respondent was appointed as Forest Watcher and pay all arrears of salary, seniority and other consequential benefits.

2. The petitioner states that he was working as Plot Watcher in the first and second respondents Polur Range during the relevant point of time. He was initially appointed as temporary Plot Watcher in the year 1983. The petitioner states that the time scale of pay was granted to him by the competent authority.

3. The Government issued G.O.Ms.No.64 dated 08.03.1999, directing the Principal Chief Conservator of Forests to prepare State wide seniority list of Plot watchers working in the various Departments for the purpose of granting the benefit of permanent absorption subject to assessment of their eligibility and other criterias.

4. Accordingly, the State wide seniority list was prepared and the name of the petitioner was included in the seniority list. However, he was not appointed as Forest watcher. Thus, the petitioner is constrained to move the present writ petition.

5. The 2nd respondent filed a counter affidavit, stating that the name of the writ petitioner was included in the Serial No.3011 of the State Seniority list prepared by the Principal Chief Conservator of Forests. However, during the verification, it was found that the petitioner did not possess the required physical standards according to the prescribed qualifications for Forest Subordinate Service Rules. The petitioner was 159 Cm in height and the required height for selection is 163 Cm. Therefore, he was not eligible for absorption to the post of Forest Watcher. However, it was found that the petitioner was eligible for selection to the Post of Mali, Office watchman etc.,

6. This Court is of the considered opinion that the petitioner was not found eligible for permanent absorption in the Post of Forest Watcher. However, the authorities themselves have stated that the petitioner is eligible for selection to the Post of Mali, Office Watchman et., If that is the case, the case of the writ petitioner is to be considered for appointment to such post, for which, he is eligible in accordance with the rules in force and in accordance with the seniority.

7. With these observations, the writ petition stands disposed of. No costs.