O R D E R
Per Hon'ble Mr.Rajinder Singh Dogra, J.M. The applicant being aggrieved of the inaction on the part of the respondents, approached the Hon'ble High Court in SWP No. 4480 of 2019. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re-numbered as TA 3730/2020. The applicant has prayed for the following relief :
a) Writ of Certiorari, the impugned order dated 18.8.2018 passed by respondent No.2 rejecting the complaint of the applicant for retrospective promotion as Range Officer - II w.e.f. 28.12.2004 with all consequential benefits may be quashed and set aside;
b) Writ of mandamus, the official respondents may be commanded/directed to promote the applicant substantively w.e.f. 28.12.2004 as Range Officer - II when the applicant was promoted as I/C Range Officer - II and to promote the applicant as Range Officer - I w.e.f. 28.12.2009 when the applicant completed five years of service of Range Officer - II and the applicant may be given all consequential benefits including further increments and promotions and re-fixation of pension and arrears upto date.
c) And this Hon'ble Court may pas any other writ, order or direction, which it may deem fit and proper in the present set of circumstances.
2. The fact of the case is that -
a) The applicant vide order dated 19.1.1980 was promoted as Dy. Forester and was posted in RCTC Division, Jammu and thereafter on the recommendations of the Departmental Promotion
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Committee was promoted as Forester in RCTC Division, Jammu vide order dated 23.10.1982. He has done KFC Training in the session 1984-85and has done Soil Conservation Training in the year 1991-92.
b) During his service as Forester the applicant has seized about 1000 Qtls. of Khair Wood from Forest Smugglers during odd hours and has performed extra ordinary duties as Forest Official. Vide communication dated 24.8.2001 addressed by Conservator of Forest, East Circle to CCF, Jammu, his case was recommended for sanction of two special increments. Vide communication dated 25.1.2006 respondent No.2 recommended to the
Commissioner/Secretary, Forest Department for sanction of one advance increment in favour of the applicant.
c) Vide order dated 28.12.2004 the applicant who was working as Sr. Forester, Kathua was transferred and posted as I/C Assistant Director, FPF, Doda (I/C Range Officer-II) and vide order dated 30.11.2005 he was transferred as In-charge Range Officer, Thein Dam-1 (SEWA). Thereafter vide order dated 1.7.2010 the applicant was transferred and posted as I/C Range Officer, Kathua against vacant post and vide order dated 16.12.2011 he was
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posted as I/C Range Officer, Lakhanpur Range in Kathua Forest Division. From there he retired on 31.5.2012.
d) As per Subordinate Service Rules issued vide SRO 335 dated 28.11.1991 by virtue of which J&K Forst (Subordinate Recruitment) Rules have been published, the applicant became eligible for the post of Range Officer -II after completing five years of continuous service as Forester i.e. in 1987 as he was Matriculate and has done his KFC Training in 1985. No DPC was constituted after 1987 and the applicant was promoted as In-charge Range Officer -II in 2004 by way of order dated 28.12.2004 and posted as I/C AD FPF Doda which is equivalent to Range Officer-1. The applicant has performed the duties of Range Officer -II and I w.e.f. December, 2004 upto the date of his superannuation i.e.
31.5.2012.
e) As per J&K Forest Gazetted Rules, Range Officer - I (Gazetted) can be promoted by way of 30% as direct recruitment, 50% by promotion from RO-II having at least 05 years of service in that category or 20 years of service in the non-gazetted cadre and 20% by promotion from Government sponsored Foresters having done Rangers Training Course. The applicant having performed duties of Ranger Officer - II for more than 05 years and more than 20
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years of service in the non-gazetted cadre was eligible for promotion as Ranger Officer - I w.e.f. 28.12.2009. Therefore, the applicant is entitled for release of grade as Range Officer-II w.e.f. 23.10.1987 or w.e.f. 28.12.2004 i.e. the date when he was promoted as In-charge Range Officer - II and is entitled to release of pay as Range Officer - I w.e.f. 28.12.2009 when he completed 05 years of service as Range Officer - II and became eligible for promotion to the post of Range Officer - I upto the date of his superannuation. His pay and pension are required to be fixed accordingly with all consequential benefits including arrears upto date.
f) The case for reward of one advance increment for doing extraordinary work in different operations in the year 1993 to 1998 was forwarded by DFO Kathua to Conservator of Forest, East Circle vide communication dated 20.3.2010. Vide communication dated 21.1.2014 the issue regarding issuance of charge allowance to the In-charge Range Officers has been submitted but no reply has been given by the respondents till date although as per the Forest Department, the applicant is entitled to charge allowance w.e.f. 28.12.2004 till 31.5.2012.
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g) The applicant made several representations from time to time praying to examine the matter but nothing substantial happened. He made online application on 29.7.2018 to Grievance Cell of J&K Government and the same was disposed of on 18.8.2018. Hence the present application.
3. The respondents have filed their counter stating that -
a) The applicant was initially appointed as Forest Guard on 03.07.1975 and promoted as Forester w.e.f. 25.10.1982 in the department. Subsequently the petitioner was placed as l/c Range Officer on stopgap arrangement along with his seniors in the year 2005. He has retired from the service on superannuation on
31.5.2012.
b) During 2003 the applicant approached the Chief Conservator of Forests, Jammu through an application seeking two advance increments in his favour on his commendable work with regard to seizure of huge quantity of khair wood from the smugglers from time to time during odd hours and on the risk of his life when he was posted as Block Forester in the Kathua Division. The Chief Conservator of Forests, Jammu vide his letter dated 23.1.2003 & 21.12.2005 recommended the case of the applicant for grant of advance increment. On the basis of recommendation of Chief
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Conservator of Forests, Jammu, the case was submitted to the Administrative Department vide letter dated 25.1.2006 followed by reminders dated 02.02.2009. After examining the case, the Administrative Department vide letter dated 20.4.2009 desired to furnish the details of works which the applicant has exclusively done and for which he deserves advanced increment. In response to the above letter of Administrative Department, a report to this effect was obtained from the Chief Conservator of Forests, Jammu and accordingly submitted to the Administrative Department vide letter dated 3.7.2009. After examining the case again, the Administrative Department vide communication dated 18.10.2010 has conveyed that the official has attended the normal course of duty which does not warrant advance increment and desired to issue commendatory certificate/ or a cash award in favour of the official. But the applicant continued to persist his demand/claim for advance increment.
c) It is further submitted that the applicant after retirement is seeking promotion as Range Officer Grade-I on the basis that he was placed as I/c Range Officer in 2005. The fact remains that the applicant was placed as I/c Range Officer on stop gap arrangement along with his seniors. The seniority of the applicant was not
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affected by the stay of seniority list of Foresters in the year 2010. The applicant was promoted as Forester on 25.10.1982 (figuring at Sl.No. 147 in the seniority list in 2005). Maqsood Ahmad Mir, who was senior to the applicant and also is in service, was promoted during the year 2017 as Range Officer Grade-II along with other seniors as per the seniority list as stood on 01.01.2016 against available posts whereas the applicant retired from the service in the year 2012. It is also mentioned that Maqsood Ahmad Mir who was senior to the applicant, was also placed as 1/c Range Officer on stop-gap arrangement alongwith other foresters including the petitioner and was figuring at Sl. No. 40 in seniority list of Forester of the year 2010.
d) It is submitted that applicant has performed his normal duties attached to his post, for which, he has been paid salary from the Government exchequer. However, on the persistent request of the applicant, the case of the petitioner was recommended to the Administrative Department for sanction of advance increments. The Administrative Department sought performance of the petitioner and it was found that the petitioner has not done any extra-ordinary job and same was conveyed vide letter dated
18.10.2012.
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e) It is further submitted that the petitioner was promoted as Forester in the year 1982 and was figuring in the seniority list of 2010 at Sl. No. 131. State Level Departmental Promotion Committee was conducted during the year 2010, in which, the Foresters up to the year 1980 were cleared for promotion to the post of Range Officer-II, as per the availability of posts of Range Officers Grade-Il under promotion quota. Thereafter, the next State Level Departmental Promotion Committee was conducted in the year 2017 due to the fact that seniority list issued during the year 2010 was got stayed by the Hon'ble High Court. The applicant retired from the service in the month of May, 2012. It is further submitted that seniority of the applicant was not affected by the stay on the seniority list of Foresters.
f) Since the applicant was junior most and his seniors who were figuring much above the seniority list viz. Sl. No. 40 were promoted in the year 2017 prospectively, and therefore, the applicant was not eligible to be considered for promotion as Range Officer Grade- II in the year 2016 or in the year 2011 & 2012. It is further reiterated that the promotion to the next higher post is subject to eligibility, seniority, merit and above all availability of the post.
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The respondents have therefore prayed for dismissal of the present application.
4. Heard the learned counsel for both the parties and perused the materials available on record.
5. After hearing the learned counsel for both sides and going through the records it transpires that the applicant has filed the present application seeking promotion substantively w.e.f. 28.12.2004 as Range Officer-II when he was promoted as I/C Range Officer-II and as Range Officer-I w.e.f. 28.12.2009 when he completed five years of service as Range Officer-II. He has also prayed for consequential benefits including further increments and promotions and refixation of pension and arrears upto date. The applicant has further prayed for quashing of the order dated 18.8.2018 rejecting his complaint for retrospective promotion as Range Officer-II w.e.f. 28.12.2004 with all consequential benefits. The respondents, on the other hand, have submitted that during the year 2003, the applicant approached the Chief Conservator of Forests, Jammu through an application seeking two advance increments in his favour on his commendable work with regard to seizure of huge quantity of khair wood from the smugglers from time to time during odd hours and on the risk of
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his life when the said official was posted as Block Forester in the Kathua Division. The Chief Conservator of Forests, Jammu vide his letter dated 23.1.2003 & 21.12.2005 recommended the case of grant of advance increment in favor of the applicant and on the basis of recommendation of Chief Conservator of Forests, Jammu, the case was submitted to the Administrative Department vide letter dated 25.1.2006 followed by reminders dated 02.02.2009. After examining the case, the Administrative Department vide letter dated 20.4.2009 desired to furnish the details of works which the applicant has exclusively done and for which he deserves advanced increment. In response to the above letter of Administrative Department, a report to this effect has been obtained from the Chief Conservator of Forests, Jammu and accordingly submitted to the Administrative Department. In response to the above letter of Administrative Department, a report to this effect has been obtained from the Chief Conservator of Forests, Jammu and accordingly submitted to the Administrative Department vide letter dated 3.7.2009. After examining the case again, the Administrative Department vide communication dated 18.10.2010 has conveyed that the official has attended the normal course of duty which does not warrant advance increment and
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desired to issue commendatory certificate/ or a cash award in favour of the official, but the official continues to persist his demand/claim for advance increment.
It is further submitted that the applicant after retirement is seeking promotion as Range Officer Grade-I on the basis that he was placed as 1/c Range Officer in the year 2005. The fact remains that the official was placed as I/c Range Officer on stop gap arrangement alongwith his seniors. The seniority of the applicant was not affected by the stay of seniority list of Foresters in the year 2010. The applicant was promoted as Forester on 25.10.1982 (figuring at Sl.No. 147 in the seniority list in 2005). Maqsood Ahmad Mir who was senior to the petitioner and also is in-service was promoted during the year 2017 as Range Officer Grade-II along with other seniors as per the seniority list as stood on 1.1.2016 against available posts whereas the applicant retired from the Government service in the year 2012. It may also be mentioned here that the senior of the petitioner Maqsood Ahmad Mir was also placed as 1/c Range Officer on stop-gap arrangement alongwith other foresters including the applicant and was figuring at Sl. No. 40 in seniority list of Forester of the year 2010.
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Hence the applicant is not entitled to any relief sought for in the present application.
6. In view of the above foregoing discussions, the TA is dismissed. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
Indrani/PPS
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