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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2639 of 2025 Somanath Behera ..... Petitioner
Represented By Adv. - Sisir Das -versus- 1) State Of Odisha ..... Opposite Parties 2) Addl Chief Secy To The Govt, Forest Environment And Climate Change 3) Secy, Opsc
Represented By Adv. – Mr. A.Pati, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 03.02.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. The petitioner was appointed as a Assistant Conservator of Forest (ACF) which is a Group A (Junior Branch) post regulated by Odisha Forest Service, Group-A (Recruitment and Conditions of Service) Rules, 2013. He was required to undergo training for a period of two years in the Forest College to obtain Diploma in Forestry. 3. Rule 13 of the said Rules reads as under:
“'13.T raining in Diploma Course in Forestry: (1) The finally selected candidates shall be required to undergo two years training in a recognized Forest College to obtain the Diploma in Forestry. (2) During the training, selected candidates shall be granted each a stipend as may be fixed by the Government from time
Page 2 of 3. to time. (3) They shall be entitled to draw actual travel expenses for their journey to and fro the place of training, at the following rates on their initially joining the Forest College and leaving it on successful completion of the two years course:- (a) One single 3-tier AC Class fare by train (b) One single fare by public bus by the highest class for the journey by road and mileage as fixed by the Government from time to for train journey not connected by public bus service; and (c) Actual cost of carriage of personal effects on production of necessary money receipts for the same subject to the maximum limit of such cost as prescribed by the Government. (4) Every candidate finally selected for training shall be required to sign an agreement and to furnish a surety bond, to the effect that he or she will work diligently while at the Forest Training College and if required to do so, serve the Government for not less than five years after passing out of the Forest Training College, failing which he or she shall be liable to refund all the money in one instalment expended by Government or his or her training in the said College. (5) A candidate shall produce from the District Magistrate concerned solvency certificates up to the total amount of expenditure to be incurred on account of the training as the Forest Training College. (6) On successful completion of the training in the Forest College, the candidate shall be considered for appointment to the service.”
4.
In the present writ application, the petitioner has sought for a direction to count his in-service training period as regular service period and extend salary and other benefits as applicable to the post of Assistant Conservator of Forests as per Annexures-7, 8 and 9 of the writ petition within a stipulated period. It appears that the State Government has amended Rule 13 of the said Rules vide Odisha Forest Service, Group-A (Junior Branch) (Recruitment and Condition of Service) (Amendment) Rules, 2024 and with the issuance of the said amendment Rules, Rule 13 has been amended
Page 3 of 3. vide notification dated 13.03.2024 published in the Official Gazette on 15.03.2024, wherein it has been provided that the finally selected candidate shall be required to undergo two years training in a recognized Forest College to obtain the Diploma in Forestry and during the training, the trainee shall be paid salary and others allowances as admissible, from time to time. 5. It appears from the subsequent amendment that the grievance of the petitioner as raised in the present writ application stands redressed. 6. A similar issue had arisen before his Court in the case of Priyadarsinee Sahoo and Others vrs. State of Odisha and Another (W.P.(C) No. 12179 of 2023) in relation to similar Rules namely Odisha Forest Service, Group-B (Recruitment and Condition of Service) (Amendment) Rules, 2024. The said writ petition, in view of the amendment in the said Rules has been disposed of by the Division Bench of this Court by an order dated 06.05.2024. I am of the view that the petitioner’s case is squarely covered by the observations made in the said decision in case of Priyadarsinee Sahoo (supra). 7. The writ application stands disposed of accordingly. ( A.K. Mohapatra )
Judge
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