Sandeep Kumar & Others vs State Of Himachal Pradesh & Others

Ajay Mohan Goel, J

By way of this petition, the petitioners have prayed for the following reliefs:-

“(i) Quash the impugned order dated 31.03.2017, i.e. Annexure A-5.

(ii) that the respondent authorities be directed to hear the applicants and similarly situated on the issue of amendment of service rule whereby a benefit

is sought to be given to a Forest Guard who acquires a degree in B.Sc. Forestry during employment.

(iii) Direct the respondent authorities to recover excess salary paid to the private respondents during the period in which they acquired their B.Sc

Forestry degree.â€​

When this petition was taken up for consideration, today learned Senior Counsel, appearing for the petitioners, on instructions, submits that primarily

the grievance of the petitioners is with regard to order dated 31.03.2017, appended with the petition as Annexure A-5, on the basis of which, now the

respondents/State are intending to amend the Recruitment and Promotion Rules for the post of Block Officer/Deputy Ranger.

Learned Senior Counsel, has drawn the attention of the Court to the averments contained in paras 6(x) and 6 (xi) of the original application and on

the strength of the same, he has submitted that at this stage, the petitioners shall be satisfied in case they are heard by the competent authority before

Recruitment and Promotion Rules are actually amended in terms of Annexure A-5. With regard to the grievance raised qua the private respondents,

learned Senior Counsel has submitted that the petitioners be given liberty to file a fresh representation in this regard before respondent No.1 with

further direction to Additional Chief Secretary, Government of Himachal Pradesh, to decide the representation after hearing the petitioners in a

representative capacity within a time bound period. Learned Senior Counsel has also drawn the attention of this Court to the reply which has been

filed by the State to the writ petition and by referring to paras 6(x) and 6 (xi) thereof, he has submitted that the State is also not denying that while

making amendments in the Recruitment and Promotion Rules, the suggestions/opinion of the departmental association are also to be taken into

consideration.

Learned Advocate General has submitted that the present petition is not maintainable as the same is pre-mature qua the grievance raised with

regard to Annexure A-5, because the grievance of the petitioners, if any, shall come into existence only after the amendments are incorporated in the

Recruitment and Promotion Rules, if any. With regard to the issue raised qua the private respondents, he has submitted that the same is time barred

and otherwise also not sustainable in law.

Having heard learned counsel for the parties, in my considered view, at this stage, this writ petition can be disposed of by directing respondent No.1

that before finalizing the amendment to Recruitment and Promotion Rules for the post in issue, inconsonance with Annexure A-5, the petitioners be

given liberty to put forth their concerns in a representative capacity by way of a representation, which shall be filed within a period of two weeks from

today by the petitioners and as from the date of receipt of the representation from the petitioners, appropriate order on the same while finalizing the

amendments in the Recruitment and Promotion Rules, be passed within a period of four weeks by respondent No.1 after hearing the petitioners in a

representative capacity. Ordered accordingly.

It is clarified that this Court has not made any observation on the merits of the respective contentions of the parties and respondent No.1 shall deal

with the representation in accordance with law without being influenced whatsoever by any observation made by the Court in the present order.

Similarly, as far as the grievance raised by the petitioners qua the private respondents is concerned, they shall be at liberty to make a representation

in this regard also within the same period and respondent No.1 shall decide the same also after hearing all the parties in a representative capacity and

pass appropriate order within four weeks thereafter as from the date of receipt of representation.

Petition stands disposed of in above terms. Order dated 08.11.2017, is vacated. Pending miscellaneous applications, if any, also stand disposed of.

Copy dasti.