COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 1143/2004 Kailash Chandra & Others …….Petitioners Versus State of Uttaranchal through Forest Secretary And Others. …….Respondents Sri Rakesh Thapliyal, learned Counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the respondents. 22nd August, 2008 Hon’ble P.C. Verma, J. Petitioners claim out of turn promotion on the post of Forester as several similarly situated employees, namely, Ramcharan Baroni, Jayanand Nautiyal and Gautam Prasad Bhatt have been given out of turn promotion on account of their merit. 2. Relevant facts of the case are that each of the petitioners were initially appointed as Forest Guard. Forest Guards are required to undergo the ‘Forest Guard Training’ and after completing the said training, concerned incumbents are being awarded the grade according to their performance in the training. After undergoing the said training, petitioners were awarded first place and declared as toppers in the training. Since 1973, the promotions were made to the post of Forester out of turn from amongst those Forest Guards who stood topper in the Forest Guard Training. Some employees who were similarly situated to the petitioners were given 2 out of turn promotions after taking into consideration that they stood topper in the said training. 3. Principal Chief Conservator of Forest from time to time also recommended that promotions to the post of Forester may be made from amongst those Forest Guards who obtained first place in the Forest Guard Training. Similar provision is also provided in respect of the Foresters. 4. Since several similarly situated candidates who stood topper in the Forest Guard Training, on the basis of which they were given out of turn promotion to the post of Forester and this has been the criterion to give out of turn promotion, therefore, respondents are directed to consider and promote the petitioners also on the same line on which these persons as mentioned above have been promoted. Writ petition is allowed accordingly but with no order as to costs. (P.C. Verma, J.) 22.8.2008 Prabodh