Rakesh Kumar vs State Of Himachal Pradesh And Others

Mohammad Rafiq, CJ

This writ petition has been filed by Rakesh Kumar, who approached this Court aggrieved by the oral order of termination by the Divisional Forest Officer, Division Killar at Pangi, District Chamba.

The case of the petitioner is that he was initially engaged as driver by the aforementioned DFO in September, 2017 through interview on outsource basis, as the post of driver was lying vacant for long time. Respondent No.4-Resident Commissioner, Pangi, was directed to conduct interview for the post of driver in the office of Tehsildar. Many persons participated in the interview, but the name of the petitioner was placed at Sl. No.2 in the merit list. On the basis of said interview, the petitioner was directed to join in the office of DFO Pangi, against the post lying vacant.

The petitioner was appointed till regular incumbent joins. The appointment order to this effect was issued by respondent No.3, DFO on 20.4.2020. The petitioner continuously served the respondents till October, 2021 when suddenly, the DFO terminated his services by oral order. While, on one hand, the services of the petitioner were terminated, on the other hand, a proposal has been sent by DFO to the Resident Commissioner to take up the matter with the Government to accord permission for engagement of driver on daily wage basis/contract/outsource basis, in Pangi Forest Division and until the same is conveyed, DFO Pangi may be granted permission for hiring a Taxi, as per the rates fixed by the Government for the period till the permission for hiring of driver is received or a regular driver joins at Pangi Forest Division.

Learned counsel for the petitioner submitted that the DFO had already made a request to the Chief Conservator of Forests, Chamba, Circle Chamba, vide letter dated 29.4.2021 for either posting a regular driver or approval for engaging the petitioner as daily wage driver. Learned counsel for the petitioner further submitted that the emoluments of the petitioner calculated on daily wage basis along with allowances, for the period from March, 2021 to October, 2021, has not been paid.

Having regard to the submission made, we dispose of the writ petition requiring the petitioner to approach respondent No.2, Principal Chief Conservator of Forests, Himachal Pradesh, Talland, Shimla, for considering the case of the petitioner to hire him on daily wage basis till the regular appointment is made, rather than hiring the taxi, which would be economically not viable as compared to hiring a daily wage driver and the vehicle is available with the department itself. On receipt of such representation, along with a copy of this order, respondent No.2 shall decide the same within fifteen days.

The respondents are also directed to ensure the payment of emoluments along with allowances, if any, for the period the petitioner actually worked from March, 2021 to October, 2021.

Pending application(s), if any, shall also stand disposed of.

Copy Dasti.