Under Rule 8 of the Guard Class III (Departmental Examination) Rules 2009, a candidate who passes the departmental examination within the specified period is entitled to seniority and deemed promotion from the date their juniors were promoted, as statutory rules framed under Article 309 are binding.

JUDGMENT

1. Heard Mr.G.M.Joshi, learned Senior Advocate assisted by Mr.Vyom Shah, learned advocate for the petitioners and Ms.Forum Sukhadwala, learned AGP appearing for the State-respondents.

2. Rule returnable forthwith. Ms.Sukhadwala, learned AGP waives service of rule on behalf of the State-respondents.

2.1 With the consent of the learned advocates for the respective parties, the present matter is taken up for hearing.

3. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“A) This Honourable Court be pleased to issue a writ of mandamus or in the nature of mandamus or any other writ that the Honourable Court directing the respondent department to consider the candidature of the petitioners for the purpose of promotion to the post of Forester in the present exercise being under taken by them pursuant to letter dated 16.01.2021 and issue promotional orders accordingly.

AA. This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to grant the petitioners the deemed date of promotion to the post of Forester with effect from 06.03.2021, i.e. the date on which their juniors were promoted, in accordance with Rule 8 of the Guard Class III (Departmental Examination) Rules 2009.

B) During the admission, final hearing and pendency of the petition, be pleased to stay the promotional exercise being undertaken by the respondent department pursuant to the letter dated 16.01.2021 or in the alternative, direct the respondent to issue promotional orders to the petitioners subject to them clearing the examination as and when taken by the respondent department.

C) Be pleased to award the cost of this petition.”

4. The short facts of the case appear to be that the petitioner was appointed as a Forest Guard in the year 2011 by way of regular selection and upon completion of five years of service in the year 2016, he was given regular appointment. As per the Guard, Class-III (in the subordinate service of the Forest Department (Departmental Examination) Rules, 2009 (hereinafter referred to as “the Rules, 2009”), to get promotion from the post of Forest Guard to Forester, the guard has to appear in the examination. As per the rules, such examination ought to have been conducted twice a year. The petitioners along with their juniors appeared in the departmental examination conducted in the year 2019 but they were declared unsuccessful, whereas their juniors having cleared the examination, promoted to the post of Forester w.e.f. 06/03/2021.

5. Since the respondent was not conducting the examination as per rules which deprived the petitioner of getting promotion, initially they approached this Court with a prayer that the respondent may be directed to conduct the examination. It appears that during the pendency of this petition, such examination was conducted and in fact upon clearing the examination, the petitioners were promoted to the post of Forester vide orders dated 08/06/2023 and 23/07/2025, respectively.

6. Now, in view of the subsequent development which has taken place during the pendency of this petition, the petitioners moved an amendment in the petition which was allowed by this Court vide its order dated 23/04/2026 whereby the petitioners sought a prayer to the effect that they shall be granted promotion w.e.f. 06/03/2021, i.e., the date on which their juniors were promoted.

7. Mr. Joshi, learned Senior Advocate would submit that as per Rul