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2015 DIGILAW 256 (UTT)

DEVENDRA KUMAR NIRALA v. PARIYOJNA NIDESHAK

2015-05-20

ALOK SINGH

body2015
JUDGMENT : Hon’ble Alok Singh, J. (Oral) Present petition is filed seeking a writ of mandamus, commanding the respondents to grant benefit of the Government Order dated 24.11.2011 to the petitioner and to pay him all the perks and wages payable to the Foresters w.e.f. 24.11.2001. 2. Brief facts of the present case, inter alia, are that the Government of Uttar Pradesh, vide Government Order dated 31.12.1982, was pleased to provide that Forest Guards be appointed in different Water Shed Projects in different forests, as per the U.P. Lower Sub-ordinate Forest Service Rules 1980; petitioner was appointed purely on temporary basis as Forest Guard vide appointment letter dated 06.06.1984 in Water Shed Department at Machlad, Pokhra, Garhwal; petitioner was transferred from different Water Shed Departments in different Forest areas time to time; petitioner was promoted from the post of Forest Guard to Plantation Jamadar vide order dated 30.09.1992; after the creation of the State of Uttarakhand, State of Uttarakhand was pleased to issue Government Order dated 21.11.2001 making provision that all the Forest Jamadar/Forest Moharrir working in different places in Forest Department shall be deemed having been appointed on the post of Forester (Van Daroga) under the Sub-ordinate Forest (Ranger, Deputy Ranger, Foresters) Service Rules 1951; further making provision that all the sanctioned posts of Forest Jamadar/Moharrir shall be treated as sanctioned post of Foresters; all the Forest Jamadar and Moharrir were given benefit of the Government Order dated 24.11.2001, however, same benefit was not extended in favour of the petitioner; feeling aggrieved, petitioner has preferred present petition. 3. I have heard Mr. K.N. Joshi, learned counsel appearing for the petitioner, Mr. A.K. Joshi, learned Addl. C.S.C. appearing for the respondents and have carefully perused the record and relevant Rules. 4. Mr. A.K. Joshi, learned Addl. C.S.C. appearing for the respondent, submits that there were different Water Shed Projects in different forest areas and for the Water Shed Projects different people were appointed including the petitioner and all were being treated as employees of the Water Shed Project and not of the Forest Department. He further contends that Government Order dated 24.11.2001 is applicable to the Forest Jamadars/Rangers working in the Forest Department and not for those who were working in the different projects, therefore, benefit of Government Order dated 24.11.2001 is not available to the petitioner. 5. He further contends that Government Order dated 24.11.2001 is applicable to the Forest Jamadars/Rangers working in the Forest Department and not for those who were working in the different projects, therefore, benefit of Government Order dated 24.11.2001 is not available to the petitioner. 5. Undisputedly, Water Shed Department Projects were introduced for a different forest areas only. All the Water Shed Departments are in the forest areas only. Water Shed Projects are under the Forest Department only. 6. Perusal of the appointment letter of the petitioner dated 06.06.1984 would reveal that the then State of Uttar Pradesh, vide Government Order dated 31.12.1982, was pleased to issue directions to appoint Forest Guard for the different projects in the Forest Department as per the provisions of U.P. Lower Sub-ordinate Forest Service Rules, 1980, and petitioner was given appointment on the post of Forest Guard, under the U.P. Lower Sub-Ordinate Forest Service Rules, 1980 only. 7. Perusal of Government Order dated 24.11.2001 would demonstrate that all the Forest Jamadars/Moharrirs working in the State shall be deemed to have been appointed Foresters (Van Daroga) from the date of issuance of Government Order and shall be deemed as members of the service under Sub-ordinate Forest (Ranger, Deputy Ranger, Foresters) Service Rules 1951. Government Order dated 24.11.2001 does not provide that benefit of Government Order dated 24.11.2001 shall be available only to those employees who were working only in Forest Department and not in different projects under the Forest Department. 8. Since petitioner was appointed under the provision of U.P. Lower Sub-ordinate Forest Service Rules 1980 and was being governed by U.P. Lower Sub-ordinate Forest Service Rules 1980, and petitioner was promoted on the post of Forest Jamadar under the Service Rules only, therefore, benefit of Government Order dated 24.11.2001 cannot be denied to the petitioner. 9. Moreover, as per Article 14 of the Constitution of India, State Government cannot discriminate between the two sets of Forest Jamadar/Moharrir, one who were working directly in the Forest Department and those who were working in different projects under the Forest Department in view of the fact that services of both the classes are governed by the Service Rules of the Forest Department. 10. Consequently, writ petition succeeds and is allowed. Mandamus is issued to the respondents to give benefit of Government Order dated 24.11.2001 to the petitioner from the date of Government Order dated 24.11.2001. 10. Consequently, writ petition succeeds and is allowed. Mandamus is issued to the respondents to give benefit of Government Order dated 24.11.2001 to the petitioner from the date of Government Order dated 24.11.2001. It is further directed that entire arrears of salary and perks shall be paid to the petitioner within six weeks from today. 11. No order as to costs.