IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 5634 of 2008. Date of Decision: 9.8.2010 Jaswant Singh …Petitioner. Versus. State of H.P. and others …Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.Dharam Pal Gupta, Advocate vice Counsel for the petitioner. For the Respondent(s): Mr.Rajesh Mandhotra, Dy.A.G. for respondents No. 1 to 4. Deepak Gupta, J.(oral) The petitioner admittedly joined as Forest Guard in the year 1962 in Kutlehar forests which at the relevant time was under the private management of Sh.Mohinder Pal who was the Superintendent of the Kutlehar Forests. The petitioner over a course of time was promoted and in the year 1995 was working as Deputy Ranger. The State of Himachal Pradesh took over the Kutlehar Forest vide H.P. Kutlehar Forest (Acquisition of Management) Act, 1992 which came into force w.e.f. 11.3.1995. Thereafter, the services of the employees of the Kutlehar Forest were also taken over though disputes as to the posts etc. which they were holding were decided 2 much thereafter. Sh.Mohinder Pal challenged the said Act by filing a writ petition before this Court. The employees of the forest did not join service in the State till 7th February, 1996. Admittedly the petitioner after he joined was permitted to work as Deputy Ranger. Thereafter, on 15.2.1999, respondent No.4 passed an order that the services of the petitioner have been taken over as Timber Watcher and not Deputy Ranger. One of the issues which cropped up was whether the petitioner was eligible to be appointed as Deputy Ranger or not. The Rules show that for direct recruitment only matriculates are eligible to be appointed as Forest Rangers. However, in case of promotion, middle pass with 10 years service as Forest Guard are eligible to be posted as Forest Rangers. Therefore, as far as this question is concerned the petitioner who had joined as Forests Guard in the year 1962 was eligible as per the Rules applicable in the State of Himachal Pradesh. As far as the other questions are concerned, I need not go into the matter in detail in view of the detailed judgment passed by a single Judge of this Court in CWP (T) No.2492 of 2008 titled Om Dutt vs. State of H.P. and others decided on 29.12.2009, wherein the same points were involved and it was held that the appointment of the petitioner would relate back to 11.3.1995 i.e. the date of taking over the forests and not from the date the petitioner actually joined the service. 3 In view of the judgment rendered in the aforesaid case, the present writ petition is also allowed. It is directed that the petitioner be treated as having served as Deputy Ranger with the State of Himachal Pradesh w.e.f. 11.3.1995 with all consequential benefits. The arrears payable to the petitioner in terms of the judgment be paid to him within a period of six months from today filing which the petitioner shall be entitled to interest @ 9% p.a. till payment is actually made. No order as to costs. August 9, 2010 ( Deepak Gupta ) PV Judge.