Van Aarakshi/Van Beat Adhikari Sangh v. State of Uttarakhand
2024-01-05
MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
body2024
DigiLaw.ai
JUDGMENT : Since common questions of law and fact are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No. 124 of 2021 alone are being considered and discussed. 2. These Writ Petitions have been filed by Association of Forest Guards serving in Forest Department. They are challenging validity of Rule 5(2) of the Uttarakhand Subordinate Forest Service Rules (as amended in year 2018). According to petitioners, the said rule is ultra vires to the Constitution as it reduces their chance of promotion. According to petitioners, under the original Rules of 2016, Forest Guards were having 100% quota in promotion to the post of Forester, however, by the amendment made in the Rules in 2018, the said quota has been reduced from 100% to 66.67%, which, according to them, seriously prejudices their right of promotion. 3. We are not impressed by the said submission. Law is well settled that no government employee can claim fundamental right of promotion. The only right available to a government employee is the right to be considered for promotion. Hon’ble Supreme Court in the case of AIR Commodore Naveen Jain v. Union of India and others, (2019) 10 SCC 34 , held that reduction in chance of promotion does not amount to any alteration in condition of service. Law is well settled that a government employment though initially is based on contract, however after appointment, he acquires a status which can be changed by amending the Rules. Merely, because the promotional avenues available to Forest Guards have been reduced by the impugned amendment, the same will not amount to alteration in their condition of service. Petitioners have no vested right of promotion. 4. Even otherwise also, the fact remains that even after amendments, the petitioners are having adequate promotional avenues as 66.67% quota is available to them for promotion to the post of Forester. 5. Accordingly, we do not find any reason to interfere with the Rules, amended in the year 2018. Consequently, Writ Petitions fail and are dismissed.