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High CourtsDivision Bench(2011) 07 SHI CK 0033

Van Vibhag Yantrik Karacmchari Sangh vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 20 July 2011

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
RESULT
Dismissed
CASE NUMBER
CWP (T) No. 14194 of 2008

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Judgment

9 paragraphs · 337 words

Kurian Joseph, C.J.—The writ petition has been filed with the following prayers:

1.

That the impugned recruitment process for the post of Forest Guard being undertaken by the Respondents be quashed and set aside.

2.

That the members of the Applicant union may be directed to be considered for the posts of Forest Guards as per the eligibility criteria fixed by the Respondents.

3.

That the Respondents may be directed to relax the eligibility criteria for the members of the Applicant Union.

2.

At the outset, it is to be seen that the association cannot take up the issue of individual appointment. It is for the aggrieved persons to pursue their grievances in appropriate proceedings.

3.

At paragraphs 4 & 5 of the reply, it is stated as follows:

4.

The present process for filling up 447 posts against direct recruitment has No. relevance with the recruitments made during the year 2003. The recruitment process is separate and is strictly being made according to the provision of H.P. Forest Department Forest Guard, ClassIII (NonGazetted) (Executive Section) Recruitment and Promotion Rules, 2003 (Annexure RIII), therefore, No. injustice of any kind is being done to the Petitioner. It is further submitted that filling up of vacant posts of Forest Guards is necessary as there is acute shortage of frontline staff i.e. Forest Guards and in case these posts are not filled up immediately, it will adversely affect the protection and conservation of the open forest wealth.

5.

That all the vacancies against promotion quota (10%) for ClassIV employees of Forest Department stands filled up and there is No. vacancy at present. It is submitted that the posts against promotion quota are being filled up regularly as and when vacancy occurs. The 447 posts of Forest Guards for which the process of recruitment has been completed during November, 2006 pertain to direct quota only.

4.

There is No. rejoinder. Hence, there is No. merit in the petition and the same is accordingly dismissed, so also the pending application(s), if any.