IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.6002 of 2019 Decided on : 09.10.2025 __________________________________________________________ Madan Lal .....Petitioner Versus State of Himachal Pradesh and others ....Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge

1Whether approved for reporting? No.

For the petitioner: Mr. Devender Sharma, Advocate vice Mr. C.N. Singh, Advocate.

For the respondents: Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 4-State.

None for respondents No.5 to 27.

Ranjan Sharma, Judge CMP(T) No.557 of 2025 In view of the averments made in the application for early hearing, the same is allowed and disposed of.

CWPOA No.6002 of 2019

2. Petitioner, Madan Lal, has initially filed OA No.7337 of 2018, which upon abolition of State Administrative Tribunal stands transferred to this Court as CWPOA No.6002 of 2019, seeking the following reliefs:-

1 Whether reporters of Local Papers may be allowed to see the judgment?

“7(i) That the Office Order dated 30.01.2018 (Annexure A-5) be quashed for all intents and purposes.

7(ii) That the respondents department may kindly be directed to consider the case of the applicant for promotion to the post of the Range Officer in term of the seniority list for all intents and purposes over and above his juniors with all consequential benefits.”

FACTUAL MATRIX:

3. Grievance of the petitioner is that he was appointed as Fore st Guard in Wildlife Circle, Shimla, on 13.11.1985 and in terms of order dated 05.07.1995, he was transferred from Wildlife Circle, Shimla to Rampur Forest Circle, upon his consent willingly and his seniority in Rampur Circle was assigned as Forest Guard w.e.f. 29.09.1995, i.e. the date of his joining in Rampur Circle. It is further averred that on the recommendations of the Departmental Promotion Committee [DPC], the petitioner was promoted to the rank of Deputy Ranger in the pay scale of Rs.10300-34800 + GP Rs.4600/- on 30.07.2015, Annexure A-2, whereby, the period from 06.01.2012 was treated as ‘Notional promotion period as Deputy Ranger’ and w.e.f. 29.07.2015 as ‘Deputy Ranger on actual basis’. It is further averred that the Respondent-Department issued the Final Seniority List of Deputy Rangers, showing position as on 31.12.2015, Annexure A-3, wherein, petitioner, Madan Lal, was shown at Serial No.407 with Seniority No.274 in the said List. It is further .averred that the Respondent-State had notified the Recruitment & Promotion Rules [R&P Rules] for the post of Range Forest Officer, Class-II [Gazetted] dated 06.10.2016, Annexure A-4, whereby, the promotional post of Ranger Forest Officer was non-selection post, which was to be filled up 55% by way of promotion from amongst the Deputy Rangers having 4 years regular service or regular combined with continuous ad hoc service, if any, in the grade. It is submitted that as per Recruitment & Promotion Rules, though, the petitioner had completed more than 4 years of H regular service as Deputy Ranger, but the respondents issued an Order dated 30.01.2018, Annexure A-5, whereby, allegedly, the junior Deputy Rangers were promoted as Range Forest Officers [Class-II Gazetted] on ad hoc basis as a stop gap arrangement. Petitioner has assailed the promotion orders dated 30.01.2018, Annexure A-5, alleging that the persons who have been promoted as Range Forest Officers are junior to the petitioner and without considering the petitioner, who was senior, the promotion of juniors was bad in law and in this background., the prayer has been made to consider to promote the petitioner as Ranger Forest Officer from the date the alleged juniors were promoted on 30.01.2018, Annexure A-5.

STAND OF STATE AUTHORITIES-RESPONDENTS:

4. Pursuant to issuance of notice, the official respondents No.1 to 4 have filed Reply- Affidavit dated 06.05.2019 on the affidavit of P rincipal Chief Conservator of Forests [HoFF], Shimla.

4(i). Perusal of Reply-Affidavit indicates that H the petitioner was appointed as Forest