Heard Mr. Mehta, learned advocate for the petitioner, and Mr. Ashar, learned AGP, for the respondent - State.
2. Further affidavit-in-reply dated 25.4.2012 to petitioner's rejoinder has been tendered on record today.
3. Mr.
Mehta, learned advocate for the petitioner, has relied on documents at page-38, 39 and various other documents to demonstrate that until the order dated 3.1.2011 [which should be actually mentioned as 3.3.2011] came to be passed, the petitioner was designated and working as Forester, however, suddenly, without any notice or without any hearing, on the basis of some complaint allegedly filed against the petitioner, the said order dated 3.3.2011 came to be passed and petitioner's name was taken out from the seniority list related to the post of Forester and petitioner's name was included in the list of Forest Extension Assistant.
The said order came to be challenged by the petitioner in a writ petition being Special Civil Application No.3455 of 2011.
Initially, while directing the office to issue notice to the respondents, this Court (Coram: Hon'ble Smt. Justice Abhilasha Kumari) passed order dated 15.3.2011 whereby the operation of the order dated 3.3.2011 was stayed by way of ad-interim relief. Subsequently, after hearing the respondents, the Court (Coram: Hon'ble Mr. Justice H.K.Rathod, as His Lordship then was) passed order dated 22.7.2011 and confirmed ad-interim relief granted vide order dated 15.3.2011.
3.1 It is not in dispute that the said orders dated 15.3.2011 and 22.7.2011 have not been challenged by the respondents and they have attained finality until final hearing of Special Civil Application No.3455 of 2011. It is also not in dispute that the order dated 22.7.2011 is still in operation.
4. The petitioner has, now, come out with present petition claiming that despite the fact that the said orders are in operation, the respondents are still treating the petitioner as Forest Extension Assistant and not considering the petitioner's case for promotion to the post of Forest Officer Class-II, which is promotional post from the post of Forester.
5. Mr.
Mehta has alleged that while the said first petition is pending, the respondents have issued various promotion orders to the post of Forest Officer Class-II, however, petitioner's case is not being considered despite the interim relief by the Court. He submitted that the action of the respondent authority amounts to disobeying the order dated 22.7.2011.
6. The respondents have resisted the petition. Mr. Ashar, learned AGP, has relied on the reply affidavit filed by the respondents. It is claimed that the petitioner's name has been cancelled from the seniority list of Forester and he is actually posted and designated as Forest Extension Assistant. Mr. Ashar, learned AGP, has submitted that the petitioner does not have right to get promotion to the post of Forest Officer Class-II.
7. Having regard to the facts and circumstances of the case, more particularly the fact that in view of the order dated 22.7.2011 the implementation and operation of the order dated 3.3.2011 is stayed, consequently, the petitioner's name would continue in the seniority list for the post of Forester, which was published under letter dated 1.1.2007. The said fact has to be taken into account by the competent authority while considering the case of promotion of all concerned employees including present petitioner.
8. Considering the fact situation which would operate in view of the interim order dated 22.7.2011 passed in Special Civil Application No.3455 of 2011, it is considered appropriate to issue below mentioned directions:-
8.1 The respondent - competent authority is directed to consider the request of the petitioner, i.e. to consider atleast on ad-hoc basis (until the petitions are finally heard and decided) the case of the petitioner for promotion to the post of Forest Officer Class II, keeping in focus the order dated 22.7.2011 passed by the Court.
8.2 The respondent - competent authority shall, after taking into account the effect and direction of the order dated 22.7.2011, consider the case of the petitioner and place his case before the Department Selection Committee with request to the Committee to consider the case of the petitioner by treating the petitioner's name in the seniority list of Forester, as it existed prior to 3.3.2011.
8.3 Accordingly, the petitioner's case will be considered and appropriate action and decision shall be taken in accordance with recommendation of the Committee. If the recommendation is not in favour of the petitioner, then, it will be placed on record of present petition.
8.4 Any orders or promotion qua other employees which are or may be passed by the Competent Authority / recommended by the Committee will be subject to the orders, that may be passed in Special Civil Application No.3455 of 2011 and present petition.
9. The petitioner is granted time until 9.7.2012 to file, if considered necessary, counter affidavit in response to the affidavit dated 25.4.2012 filed by the respondents today.
On the next date, the respondent - authority shall also place on record the details of the action, which may be taken by the respondent - competent authority in pursuance of present order.
S.O.
to 10.7.2012.
(K.M.Thaker, J.) kdc Top