HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7014/2008 (OA No.3560/2000) Date of Decision: March 16 , 2011 Gopal Singh Negi ……. Petitioner Versus State of H.P.& Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Mr. Dilip Sharma, Advocate. For the respondents : Mr. R. M. Bisht, Dy. A.G. with Mr. Vinod Thakur, Dy. A.G. Sanjay Karol, J. (Oral) Petitioner has prayed for the following relief: 1) That the impugned memo dated 11.7.2000 at Annexure A-8 may kindly be quashed and set aside. 2) That applicant may be held entitled to seniority as Class- IV in Direction Office as granted to him vide memo dated 11.2.2000, Annexure A-5 with all consequential benefits. 3) That promotion granted to Respondent No.3 vide order dated 29.7.2000, Annexure A-10 may kindly be quashed and set aside and applicant may be held entitled for promotion as Jamadar Peon with effect from the date the promotion has been granted to Respondent No.3 as Jamabdar Peon with all consequential benefits.” 2. Petitioner was appointed as a Khalasi in the office of Soil Conservation Circle, Shimla on 5.3.1976. Private respondent No.3 was also appointed in the same office as a Khalasi on 27.2.1982. The Government took a conscious decision of maintaining seniority of each class in the office of C.C.F. Wild Life 2 Wing and in cases of Forest Divisions and Circle offices separately at Circle level. As per seniority list circulated by the respondents, there cannot be any dispute in this regard also. 3. With effect from 20.3.1984, the office of Soil Conservation Circle, Shimla was upgraded/re-named as Chief Conservator of Forests (P&D). Petitioner and the private respondent thus formed part of the said office and their seniority continued to be maintained as such. In terms of order dated 23.6.1984 (Annexure A-3), without obtaining petitioner’s consent he was transferred to Pooh, which is totally a different circle. Petitioner continued to serve at Pooh till 16.10.1992 when he was again brought back to Shimla and posted in the Direction Office. The office of Chief Conservator of Forests (P&D) and Direction Office, for the purposes of seniority of Class-IV employees is considered to be one and a combined seniority is maintained. 4. It appears that for the purposes of seniority respondents did not take into account the services rendered by the petitioner at Pooh. Consequently he made repeated representations to the authorities. His request was acceded to by the appropriate authority in terms of office order dated 11.2.2000 (Annexure A- 5), which reads as under: “OFFICE MEMORANDUM Shri Gopal Singh Negi, vide his representation dated 15.10.1997 has requested to settle the seniority dispute. Accordingly the matter was taken up with the Government. The Financial Commissioner- cum-Secretary (Forests) to the Government of Himachal Pradesh vide letter No.Van-I (B) 7-2/99-part dated 27.7.1998 has intimated that in this case Head of the Department being the appointing authority is competent to take decision at his level. As per the provision in Rules-13 seniority of member of service in H.P. Forest Department Class-IV services (Recruitment Promotion and certain conditions of services) Rules 1966 as notified vide Endst. No. Ft. 573-6/64 (E) dated 24.3.1966 and amended vide notification N0j. 2-55/73-Estt. (Rules) dated 12.9.1973, it has been provided that the seniority of each class in C.C.F Office Wild Life Wing will 3 be maintained separately and in case of Forest Divisions and Circle offices at Circle level. Shri Gopal Singh Negi was appointed as Khalasi in the Soil Conservation Circle, Shimla w.e.f. 5.3.1976 and on merger of Soil Conservation Department as per Government Notification SCH-A (1)/83 dated 20.3.1984 the post of Director, Soil Conservation was designated as Chief Conservator of Forests (P&D) and cadre including Soil Conservation Circle Shimla was put under CCF (P & D). Shri Gopal Singh Negi was transferred from Planning and Evaluation Division Shimla to Pooh Forest Division vide C.C.F H.P office order No.358/84 dated 23.6.1984 and again re-transferred to Direction office vide Pr. CCF. HP’s office order No.449/92 dated 16.10.1992 in public interest without his consent which has resulted seniority dispute. The seniority of Class-IV officials of the then CCF (P&D) and Direction office is maintained combined. Therefore, the seniority of Shri Gopal Singh Negi, Peon is decided to be maintained in Direction office at the appropriate place taking into consideration the date of his joining 5.3.1976 i.e. Sl. No.1 (a) below Shri Amar Chand in the seniority list as it stood on 31.12.1998 in relaxation of Rule-13 of R&P Rules as issued during 1966. The representation if any, against this decision may be made within one month from the issue of this memorandum. Sd/- Addl. Principal Chief Conservator of Forests, Himachal Pradesh, Shimla.” 5. It appears that there was same opposition and on the behest of the other employees, Government was constrained to withdraw Annexure A-5 and make fresh offer to the petitioner in terms of letter dated 11.7.2000 (Annexure A-8), which reads as under:- “From Principal Chief Conservator of Forests, Himachal Pradesh, Shimla. To Sh. Gopal Singh Negi, Khalasi, o/o Principal Chief Conservator of Forests, Himachal Pradesh, Shimla-1 Subject: Seniority list. Memo: 4 With reference to your representations dated 28.5.1999, 20.10.1999 and 1.6.2000 2. On the above cited subject you are informed that the matter regarding seniority was taken up with the Government and in this matter you were informed earlier vide this office even number letters dated 22.9.1997, 22.2.1999, 28.5.1999 and 27.9.1999 that on merger of Soil Conservation Circle you were transferred to Rampur Forest Circle and your seniority was to be maintained in that circle. Your option has not been received in this office. If you are interested to go to Rampur Circle then in that event your seniority shall be counted from the date of appointment for which you may give your option immediately. As per recruitment and promotion Rules, 1966, which have been partially amended in 1973, the seniority of incumbents working in the office of Principal Chief Conservator of Forests, Wild Life Circle and Division Circles shall be maintained separately. Hence, your seniority has been fixed in the office of Principal Chief Conservator of Forests from the date of their joining there. This is the provision in the rules. Matter has been again considered. Hence as per this office memo even no. dated 11.2.2000, the seniority proposed cannot be granted. Promotion is granted on the basis of seniority. Sd/- 31.7.2000 For Principal Chief Conservator of Forests, Himachal Pradesh, Shimla.” 6 Annexure A-8 undoubtedly has been issued under pressure from the employees posted in the office of Chief Conservator of Forests (P&D)/ Direction Office. There is no justification for having withdrawn Annexure A-5, which in any event was issued by taking into account the relevant circulars and notifications issued by the department. It is not the case of the respondents that petitioner himself had sought transfer from Shimla to Pooh or for that matter had sought re-transfer from Pooh to Shimla. Thus petitioner could not have been deprived of the benefits of his service in the Circle/Division for the purposes of seniority. Persons junior to the petitioner were allowed to continue in Shimla which 5 resultantly has affected the petitioner’s seniority. No doubt, petitioner was asked by the respondents to exercise his option of going back to Rampuir Circle, but however, this action was at a belated stage and that too under pressure from the employees. 7. Consequently, Annexure A-8 is quashed. Respondents are directed to take into account the services rendered by the petitioner prior to 16.10.1992 for the purposes of determining his seniority. Consequences shall follow. Resultant action be positively taken within a period of four months from the date of receipt of the certified copy of the order. 8. With the aforesaid observations, present petition stands disposed of. ( Sanjay Karol ), Judge. March 16 , 2011. (rana)