IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5479 of 2008. Decided on: 27th October, 2010. Parveen Kumar. .….. Petitioner. Versus State of H.P. & ors. …. .. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : None. For the Respondents : Mr. Ankush Dass Sood, Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer.” (a) That the respondents be directed to grant accelerated promotion to the applicant to the next higher rank of Dy. Ranger in the Forst Department retrospectively i.e. from the date he passed forest Guard Training Course with honour, in accordance with the provisions of Rules on the subject and to grant all consequential benefits of higher pay etc. and to pay the arrears resulting therefrom along with interest @ 15% per annum from the date due till the actual date of payment thereof.” 2. In the reply at para 6(iii), it is stated as under: “6(iii). The contention of the applicant is not correct. It is stated that under the Rules of business of the Govt. of Himachal Pradesh and the business of the H.P. (Allocation) Rules, 1971 the recruitment and promotion Rules or the matters in relation to amendment in such Rules are framed/amended by the administrative department, Law department, Personal Department, Financial Department, H.P. Public 2 Service Commission, Secretaries Committee and finally with the approval of the cabinet. This involves a very lengthy process and the matter requires thorough study at various levels. The matter has been examined at administrative level. It has been felt that there is a large cadre of Forest Guards of 2687 post and only 797 post of Deputy Rangers. Due to lesser number of promotional posts in the cadre of Deputy Rangers, the Forest Guards even with longer service do not get promotion in time and a Forest Guard of 28 to 30 years of service get chance of promotion to the post of Deputy Ranger. In case the recruitment and promotion Rules are amended for giving accelerated promotion on the basis of result of Forest Guards Training Course, other Forest Guards sitting on verge of retirement may not even get promotion. This will result into stagnation and cause heart burning amongst the Senior most Forest Guards, H.P. Foresters Association has also represented to the Govt./Department against such amendment for accelerated promotion considering all the pros and cons, it was thought proper not to proceed further with the proposal for amendment in the Recruitment and Promotion Rules called as the H.P. Deputy Forest Rangers and Forest Guards, Class III (Executive Section) Recruitment, Promotion and certain conditions of service Rules, 1978.” 3. In case the petitioner has any dispute with respect to the above factual position, it will be open to him to point out the same before the first respondent, in which case the first respondent will consider the matter and take appropriate action in accordance with law within another four months 3 from the date of production of a copy of this judgment by the petitioner. 4. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 27th October, 2010 (Justice Kuldip Singh), (tr) Judge.