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2022 DIGILAW 1331 (RAJ)

Vinod Purohit v. State Of Rajasthan

2022-04-27

REKHA BORANA

body2022
JUDGMENT Rekha Borana, J. - The present petition has been filed by the petitioners who have been appointed as Cattle Guard by the respondent department and were subsequently performing the functions of Forest Guard. It is the averment of the petitioners that although they are performing the functions of Forest Guard from last many years, they have not been absorbed as Forest Guard despite of the verdict of the Division Bench of this Court in Richhpal Singh & Ors. v. State of Rajasthan and Ors. (D.B. Special Appeal (Writ) No. 405/2007), decided on 01.12.2014. 2. Before averting to the facts of the present case, it is relevant to note the facts of Richhpal Singh's case (supra). In the said matter, the petitioner therein had already been absorbed temporarily as Forest Guards and the dispute arose when they were not finally absorbed on the said post on the premise that because of the subsequent amendment in the eligibility conditions, they ought to have acquired the secondary qualification whereas they were 8th class pass. Deciding the said dispute, the Division Bench of this Court held that the subsequent circular dated 26.03.1998 whereby the qualification was amended to Matriculation in place of Middle Class would not apply to the petitioners therein and it was directed that the Cattle Guards who where holding the minimum qualifications prescribed under the scheme of Rajasthan Forest Subordinate Service Rules, 1963 would be absorbed finally as Forest Guards without resorting to the circular dated 26.03.1998. 3. A bare perusal of the facts in the present matter would make it clear that the present petitioners would not be squarely covered by the ratio as laid down in Richhpal Singh's case (supra). However by virtue of the circulars dated 14.11.1996 and 12.03.1997 issued by the Principal Chief Conservator of Forests of Rajasthan, a decision to absorb the work charge employees who had completed 10, 9 and 8 years of service till 31.12.1993 were held entitled to be absorbed against the vacant posts of Forest Guards. In pursuance to the said circulars, the list of the vacant seats as well as the work charge employees working at the Jodhpur Division was called for by the regional office at Jaipur and the said list supplied by the Jodhpur authorities comprised of the names of the present petitioners too. In pursuance to the said circulars, the list of the vacant seats as well as the work charge employees working at the Jodhpur Division was called for by the regional office at Jaipur and the said list supplied by the Jodhpur authorities comprised of the names of the present petitioners too. The right, if any to the present petitioners can be said to be accrued claimed because of these circulars only. It is admitted on record that in pursuance to the said circulars of the Department, the names of the persons entitled to be absorbed as Forest Guards were called for but no final decision thereupon has been taken. 4. Further, Order dated 03.03.2021 issued by the Principal Chief Conservator of Forests, Department of Rajasthan has been placed on record along with the rejoinder whereby it has been ordered that as per judgment of the Hon'ble Apex Court and the High Court in various writ petitions, the Standing Order of 1973 would apply in case of work charge employees and their services would be regularized treating them to be a Government servant. 5. Counsel for the respondents agreed to the fact that the final decision qua the petitioners would now positively be taken by the department in terms of the circulars dated 14.11.1996, 12.03.1997 and the subsequent Order dated 03.03.2021. 6. In view of the above submissions, the present writ petition is disposed of with the directions to the respondent authorities to consider the petitioners for absorption as Forest Guards in terms of the circulars dated 14.11.1996, 12.03.1997 and the Order dated 03.03.2021. If the petitioners are held entitled to be absorbed in terms of the said circulars, appropriate orders be passed for their absorption as Forest Guards within a period of 2 months from the date of receipt of the present order.