IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 46 of 2008 (S/S) 1. Maya Mohan Kandwal S/o Sri Mahanand Kandwal Presently posted as Forest Guard In Rajaji National Park, Dehradun, District Dehradun. 2. Rishi Ram Penuli S/o Sri Rameshwar Prasad Penuli Presently posted as Forest Guard Tehri Dam Forest Division, New Tehri, District Tehri Garhwal. . Petitioners ...………… [ Versus 1. State of Uttarakhand Through its Secretary Forest Department Dehradun, District Dehradun. 2. State of Uttarakhand through its Secretary, Finance, Dehradun, District Dehradun. 3. Principal Chief Conservator of Forest Uttarakhand, Dehradun, Distt. Dehradun. ...…………. Respondents Mr. Rakesh Thapliyal and Mr. Lalit Sharma, Advocates for the petitioners. Mr. N.P. Sah, Standing Counsel for the respondent State. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioners have sought writ in the nature of mandamus commanding the respondents to grant the benefit of first promotional pay scale (Rs. 4000 – 6000) w.e.f. the date the petitioners have completed 14 years of service, and further second promotional pay scale (Rs. 5000 – 8000) after completion of 24 years of service. The petitioners have further sought writ in the nature of certiorari quashing the order dated 03.01.2008, passed by respondent No. 1, directing to grant pay scale of Rs 3050 – 4090, on completion of 14 years and pay scale of Rs. 4000 – 6000, on completion of 24 years of service. 2. Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed by the parties. 3) Brief facts of the case are that the petitioners are Forest Guards in the Forest Department of the State. Petitioner No. 1 was appointed as Forest Guard in the year 1982 and petitioner No. 2 was appointed as Forest Guard in the year 1983. their services are governed by U.P. Lower Subordinate Forest Service Rules, 1980. Service relating to the post of Foresters and that of Deputy Rangers, which are promotional posts, are governed by U.P. Subordinate (Rangers, Deputy Rangers and foresters) Service Rules, 1951. It is stated in the writ petition that the petitioners are entitled to the first promotional pay scale, on completion of 14 years of satisfactory service and second promotional pay scale, on completion of 24 years of satisfactory service (if they are not promoted). In this connection, reliance has been placed on Government Order No. 1173 / Dus–1 – 2004– 4(35), Dehradun dated 4th of August 2004, which provides that w.e.f. 01.01.1996, a Forest Guard, on completion of 14 years of service would be entitled to pay scale of Rs. 3050 – 4590, and on completion of 24 years of service pay scale of Rs. 4000 – 6000. The petitioners’ case is that by the same Government Order the pay scale of Forester (the promotional post) has been revised from Rs. 3050 – 4590 to the pay scale of Rs. 4000 – 6000, and that of Deputy Ranger (the next promotional post) revised from pay scale of Rs. 4000 – 6000 to pay scale of Rs. 5000 – 8000. In view of said increase in the pay scales of the promotional posts the petitioners have sought the reliefs prayed in the writ petition, as mentioned above. It is also stated in the writ petition that earlier Writ Petition No. 1002 (S/S) of 2004; Kailash Chandra Kapil and others Vs. State of Uttaranchal and others, was filed (which was decided vide judgment and order dated 04.04.2006). By order dated 04.04.2006, passed in said writ petition, the respondents were directed to take decision in the mater of Forest Guards providing them the promotional pay scales, as applicable to the promotional posts. The impugned order dated 03.01.2008 (copy of which is Annexure –7 to the writ petition) appears to have been passed in pursuance to said order passed by this Court, declining the Forest Guards to the promotional pay scales as it exists after 06.11.2003. Hence, this writ petition. 4) In the counter affidavit the respondents have pleaded that since a new post of Head Forest Guard is to be created in the pay scale of Rs. 3200 – 4900, between the posts of Forest Guard and Forester, as such, now the petitioners are not entitled to the pay scales of the Deputy Ranger. But, it is nowhere stated in the counter affidavit that post of Head Forest Guard has been created. Rather, it is clearly stated in Para 10 of the counter affidavit that the creation of post of Head Forest Guard has not been implemented. Annexure C.A. 2 to the counter affidavit is only copy of the recommendation dated 8th of May 2003. 5) In the rejoinder affidavit the petitioners have reiterated the averments made in the writ petition. 6) Admittedly, the petitioners are Forest Guards in the Forest Department of the State. It is also not disputed that as per the Government Order Va. Aa. –2 –500 / Dus –15 (M)–99, Lucknow Dated 2nd December 2000 (copy of which is Annexure –3 to the writ petition), read with Uttaranchal Government Order No. 6011 / Vi. Sang. Sa. / 2001, Dehradun dated 22 June 2001, petitioners were entitled to the first promotional pay scale on completion of 14 years of satisfactory service, and second promotional pay scale on completion of 24 years of satisfactory service. It is also not disputed that as per the Government Order No. 6276 / Dus –1 –2006 –14(6) / 2000, Dehradun dated 20th December 2006, while declaring the structure of the Forest Department, it is clearly shown that the post of Forest Guard shall carry pay scale of Rs. 2750–70–38–75–4400. It further shows that pay scale of Forester is Rs. 4000-100-6000. It further provides that post of Deputy Ranger carries pay scale of Rs. 5000-150-8000. A copy of said Government Order, which also discloses the number of posts created in aforesaid scales, is annexed as Annexure –9 to the writ petition. The copy of the order dated 5th October 2007, issued by Conservator of Forest, Western Circle, Uttarakhand, Nainital shows that 56 Forest Guards are promoted to the post of Forester in the pay scale of 4000-100-6000. The above mentioned Government Order dated 20th December 2006 (copy Annexure –9 to the writ petition) read with the copy of order dated 5th October 2007 (Annexure 8 to the writ petition) shows that at present there exists no post of Head Forest Guard as alleged by the respondents that is why the promotion of Forest Guard is being made directly to the post of Forester in the pay scale of Rs. 4000 – 6000. Had there been any post of Head Forest Guard there would have been mention of said post in the Government Order dated 20th December 2006, which does not show any such post. In the circumstances, this Court has no hesitation in holding that the Forest Guard’s first promotional pay scale is Rs. 4000-100-6000 and the second promotional pay scale is Rs. 5000-150-8000, as mentioned in the Government Order No. 6276 / Dus-1-2006-14(6) / 2000, Dehradun dated 20th December 2006. 7) Learned counsel for the petitioners referred to the Government Order No. 1173 /Dus-1-2004-4(35), Dehradun dated 4th August 2004 (copy of which is Annexure 4 to the writ petition) and it is argued that since the pay scale of Forester is raised from Rs. 3050 – 4590 to Rs. 4000 – 6000 and that of Deputy Ranger from the pay scale of Rs. 4000 – 6000 to Rs. 5000 – 8000 w.e.f. 06.11.2003, as such, the petitioners should be allowed the first promotional pay scale, as revised vide Government Order dated 4th August 2004. However, having gone through the entire Government Order, this Court is of the view that said Government Order cannot be read in part. Para 7 of the Government Order dated 4th August 2004 (copy Annexure –4 to the writ petition) shows that in the case of Forest Guards matter is being considered separately, as such, the first promotional pay scale on completion of 14 years of service payable to them shall remain at Rs. 3050 – 4590 and second promotional pay scale on completion of 24 years shall continue to be at Rs. 4000 – 6000. From the counter affidavit it appears that the matter under consideration with the Government was to create a new post of Head Forest Guard to the extent of 20 per cent of the posts of Forest Guards and that is why there was likelihood of Forest Guards being promoted first to the post of Head Forest Guard before being promoted to the post of Forester, as such, in the year 2004, it appears that the first promotional pay scale (that of Forester) i.e. of Rs. 4000 – 6000, was deferred. However, a subsequent Government Order dated 20th December 2006, clearly shows that no post of Head Forest Guard is created by the Government. Rather, the respondents continued to promote the Forest Guards to the post of Forester in the pay scale of Rs. 4000 – 6000, and as such, denial of the first promotion pay scale at Rs. 4000 – 6000 after 20th December 2006, is arbitrary and illegal for the reason that neither the Forest Guards were promoted to the post of Head Forest Guards nor such posts were created. 8) For the reasons as discussed above, the writ petition is partly allowed directing the respondents that the Forest Guards shall be paid first promotional pay scale of Rs. 4000 – 6000, on completion of 14 years of regular satisfactory service and second promotional pay scale of Rs. 5000 – 8000, on completion of 24 years of regular satisfactory service. The impugned order dated 03.01.2008, passed by respondent No. 1 (copy of which is Annexure –7 to the writ petition) is hereby quashed to the extent it denies the Forest Guards the pay scale, as mentioned above w.e.f. 20th December 2006. (Prafulla C. Pant, J.) [ Dt. April 23, 2008. H.Negi