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Gauhati High Court · body

2003 DIGILAW 14 (GAU)

R. Laldingliana v. State of Mizoram

2003-01-08

P.P.NAOLEKAR

body2003
JUDGMENT P.P. Naolekar, J. 1. The Petitioner was appointed as Surveyor on adhoc basis and was posted at Kolasib under the Divisional Forest Officer in accordance with the Mizoram Forest Department Class III Posts, Recruitment Rules, 1975 vide order dated 16th May, 97. On completion of the Control Surveying Computation Course, the Petitioner services was regularised w.e.f. 24.1.86. The adhoc services rendered by the Petitioner was directed to be counted for the purpose of seniority, fixation of pay and for promotion to the higher grade. 2. On 11.12.92, in exercised of the powers conferred by the proviso under Article 309 of the Constitution of India, framed rules relating to recruitment to the post of Rangers. The State Govt. 50% of the posts of Rangers were to be filled in by promotion and 50% by direct recruitment, the posts of Surveyors is one of the feeder post for promotion to the post of Ranger. The requisite qualification for the Surveyor for promotion under the rules, 1992 is 7 years regular service in the grade with "practical experience" in forest works. 3. On 26.7.2001 DPC met for consideration of the cases of the offices for the promotion to the post of forest Rangers, the Petitioner's case was also considered and DPC found that he is not eligible for consideration for promotion to the post of forest ranger as he does not have "practical experience" in forest work. The DPC has recorded as under: In the category of Surveyors there are three candidates namely - Pute R. Laldingliana, Lalthlanga and C. Vanlalpeka. All these surveyors have, as on 29.4.98 put in more than the requisite length of 7 years of regular service in the grade. But they are also required to have "practical experience in forest works. The DPC is of the view that the phrase "forest works" can be taken as synonymous with the term 'forestry', which, according to the Chamber Dictionary, means "the science and art of planting, tending and managing forests". These Candidates were however, entrusted the works of Survey and mapping of the plantation and forest areas only and there is no record to show that they were entrusted with the field work of raising, tending and managing of forest. These Candidates were however, entrusted the works of Survey and mapping of the plantation and forest areas only and there is no record to show that they were entrusted with the field work of raising, tending and managing of forest. Perusal of the brief Description of duties and responsibilities as recorded by the candidates in the "Part II Self appraisal" in their respective CRs for 7(seven) years also does not indicate that they have practically handled forest works dealing with raising of nurseries, planting of trees, tending and managing of plantations and forests. The DPC is, therefore, constrained to infer that they do not possess the necessary "practical experience in forest works", and therefore, does not recommend their promotion to the grade of Forests Rangers. Thus the DPC has not considered the Petitioner's case for promotion to the post of forest ranger on the ground that the "forest works" which is synonymous with the term forestry, which according to the Chamber Dictionary means science and art of planting, tending and managing forest has not been undertaken by the Petitioner as he has been entrusted the work of Survey and mapping of the plantation and forest areas only. 4. The Petitioner has filed an additional affidavit indicating the principle works performed by the Surveyors under the department of Environment and Forest Mizoram, which are, Preliminary Reconnaissance or Reconnoitre or Survey of the land areas earmarked by the Government for Plantation or Riverine Reserve or Roadside Reserve of Environment and Forest Department. The survey works also include demarcation of the areas, mapping and making copies of the maps through tracing of the maps. These works include a number of separate operations, performed in the jungles, such as - (1) Survey of the land through methods such as Chain Survey, Prismatic Compass Survey, Theodolite Survey, Star Observation Method, Electro-Distance Measurement (EDM) AND (2) Plotting of the land areas using Compass and Set squares and thereafter, following up these operations in the office to compute the figures of the areas, making maps and copies the figures of the areas, making maps and copies thereof through the method of Tracing. Normally, Survey works have to precede most of forest works notably planting, tending and managing of trees. 5. The Petitioner has also produced the order of promotion of three Respondents namely, Shri K. Lawmzuala Respondent No. 5, Shri Ch. Vanlalbera respdt. Normally, Survey works have to precede most of forest works notably planting, tending and managing of trees. 5. The Petitioner has also produced the order of promotion of three Respondents namely, Shri K. Lawmzuala Respondent No. 5, Shri Ch. Vanlalbera respdt. No. 6 and Shri K. Zairema respdt. No. 7 who were working in the department as Surveyor and were given promotion after consideration of their cases by the DPC which held its Meeting prior to the DPC in question. The question is whether the work carried out by the Surveyor can be said to be "practical experience in forest works" according to Random House Dictionary of the English Language, forestry means, the science of planting and taking care of forest, the process of establishing and managing forest, the forestation, forest land. According to the Dictionary meaning forestry means, science of planting, taking care, establishing and managing forest and the forest lands. The New Lexicon, Webster Dictionary of the English language 'forestry' is defined as the science of planting and tending forest, forest land. Therefore, the science of taking care of forest and forest land would be a 'forestry'. The work carried out by the Surveyor are demarcation of the areas of forest, survey of land, plotting of the land areas, which shall proceed with the forest works of planting tending and managing of trees has a direct relation with the forestry. It is the survey of the forest land which will decide as to which land has to be utilised for forestation and which land has to be kept vacant for the better growth of the trees, and to preserve soil. The work carried out by the Surveyor has a relation with maintaining the forest and forest land and therefore, it cannot be said that the Surveyor, while carrying out their work do not gain experience which cannot be termed as 'practical experience in forest work'. The very fact that there is a permanent post created in the forest Department, goes to show that in the department there is permanent need of Surveyor and the work carried by them. The very fact that there is a permanent post created in the forest Department, goes to show that in the department there is permanent need of Surveyor and the work carried by them. For maintenance, development and preservation of forest and forest land survey of forest land is absolutely necessary, as it is the survey of land which shall help forest officers to decide where plantation work is to be carried out, what measures are required, and where, to preserve soil and for better and faster growth of trees, the activities carried out by the Surveyor would be activity which shall be taken to be the forest work. The expression "forest work" cannot be given narrow meaning particularly in the context it is used. The Surveyor will naturally do serve work, and therefore, phrase practical experience in forest work has to be construed in that context. It does not stand to reason that although the post held by the Petitioner is a feeder post to the promotion of forest Ranger, the work carried out by him will not be qualifying work for the promotion. The Rules does not specified or lays down the specific work carried out by the Surveyor to be considered as practical experience in forest work nor it indicates that work other than the work required to be undertaken by the Surveyor shall be the experience in forest work. Forest work for the purpose of Rule 1992 shall include the work carried out by the Petitioner as Surveyor. There is no manner of doubt that the Petitioner is carrying out the job of surveyor for more than seven years therefore, the job carried out by him gives him practical experience in forest works. 6. For the aforesaid reasons, the Petitioner who has not been held to be eligible for promotion to the post of Forest Ranger, and as a consequences, whose case was not considered by the DPC on the ground that he has no experience of the forest work, is held to be eligible for promotion to the post of Forest Ranger. 7. For the aforesaid reasons, the Petitioner who has not been held to be eligible for promotion to the post of Forest Ranger, and as a consequences, whose case was not considered by the DPC on the ground that he has no experience of the forest work, is held to be eligible for promotion to the post of Forest Ranger. 7. The Respondents No. 1-4 are directed to reconvene the Meeting of the DPC to consider the case of the Petitioner for promotion to the post of Forest Ranger in accordance with the relevant rules and if found fit to be promoted from the date his entitlement arises with necessary orders in regard to his service benefits. Writ petition allowed.