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2020 DIGILAW 725 (GAU)

Kushal Konwar Deka v. State Of Assam

2020-10-19

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. MK Choudhury, learned senior counsel for the petitioners, Mr. D Gogoi, learned counsel for the Forest Department and Mr. K Konwar, learned counsel for the respondent APSC. 2. Pursuant to the advertisement dated 28.02.1989 of the Assam Public Service Commission (in short APSC) for the course of stipendiary studentship for 1989-91 Rangers Course, the petitioners were selected and by the list dated 20.06.1989 were recommended on the basis of merit. Accordingly, by the notification dated 28.07.1989, the petitioners were appointed as Trainee Officers temporarily subject to the condition that their regular appointments would be made upon successful completion of their training. The petitioners as per notification dated 28.07.1989 were required to attend the training course at the Eastern Forest Rangers College, Kurseong in the district of Darjeeling, West Bengal. Although the Government of Assam in the Department of Forest vide telex message dated 01.08.1989 had requested the Principal of the Eastern Forest Rangers College, Kurseong to allow the 18 number of trainees, which also included the petitioners to attend the course as a special case, but the Principal of the college did not allow the petitioners to attend the training since the training had already started from May, 1989. As the petitioners returned back without being able to participate in the training course, the authorities vide D.O No.268 dated 07.08.1989 deputed all the trainees including the petitioners for some field training. Subsequently, by a Memorandum No.B-2(b)/89/7335-37 dated 29.09.1989 they were required to report before the Director, Assam Forest School, Jalukbari on 16.10.1989. 3. Accordingly, the petitioners reported before the Director of the Forest School and had undergone the required course. Upon successful completion of the training course, they were issued high standard certificates and they were posted as Forest Range Officers. 4. Subsequently, the Secretary to the Government of Assam in the Environment and Forest Department, vide a letter dated 06.10.2005 directed the Principal Chief Conservator of Forest, Assam to prepare a gradation list in the cadre of Forest Range Officers as per the recommendation of the APSC. As per the office Memorandum dated 20.12.2005 of the Secretary to the Government of Assam in the Environment and Forest Department, the training period was also required to be counted for the purpose of determining the seniority. As per the office Memorandum dated 20.12.2005 of the Secretary to the Government of Assam in the Environment and Forest Department, the training period was also required to be counted for the purpose of determining the seniority. It is stated that as per the said Office Memorandum, the inter-se seniority of the Forest Range Officer was required to be determined as per the merit list prepared by the APSC w.e.f. 01.04.1986 subject to the condition that the concerned persons passed the training course within the stipulated training period, failing which they would loose their seniority. 5. The grievance of the petitioners is that the Planning Officer-II in the office of the Principal Chief Conservator of Forest, Assam prepared a draft gradation list dated 16.10.2006 of the forest Range Officer as on 01.07.2006, but the said gradation list was prepared without following the requirement of the letter dated 06.10.2005 as well as the Office Memorandum dated 20.12.2005. It is taken note of that in between by the notification dated 08.02.2006, the Office Memorandum dated 20.12.2005 was kept in abeyance but subsequently by another notification dated 11.02.2020, the 08.02.2006 notification was superseded and the Governor of Assam was pleased to decide that the inter-se seniority of the Forest Range Officer be made in order of preference as per the merit list of the APSC. 6. In the aforesaid circumstance, this writ petition is instituted on the limited grievance that in preparing the gradation list in the cadre of Forest Range officers, the notification dated 11.02.2020 providing for the inter-se seniority of the Forest Range Officer to be decided, the order of preference as depicted in the merit list of the APSC should be followed. 7. Both Mr. D. Gogoi, learned counsel for the Forest Department and Mr. K. Konwar, learned counsel for the APSC do not object to the said proposition. 8. As the notification dated 11.02.2020 is a notification providing for an order of the Governor of Assam and secondly as the said notification supersedes the earlier notification of 08.02.2006, by which the requirement of following the order of preference of the merit list prepared by the APSC was kept in abeyance, we are of the view that there is no infirmity on the part of the respondent authorities to do the needful by following the notification dated 11.02.2020. 9. 9. Consequently, this writ petition is disposed of by directing the Principal Chief conservator of Forests and HOF, Assam to prepare the final gradation list in the cadre of Forest Range Officers of the 1989 batch by following the requirement of law as may be available before the Department as per the various notification issued by the Government of Assam from time to time, including the notification dated 11.02.2020. 10. The requirement of deciding the inter-se seniority and preparing the final gradation list be done within a period of two months from the date of receipt of a certified copy of this judgment and order. 11. Till such exercise is undertaken, the gradation list which in force at present be not acted upon for making any promotion. In terms of the above, the writ petition stands disposed of.