Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18682
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3409 of 2017 1 - Prasad Swami S/o Late Shri M. Appal Swami, Aged About 54 Years Van - Pal, Van - Mandal, Khairagarh, Mukhya Van Sanrakchhak Karyalaya Durg Vrit Durg Chhattisgarh., Chhattisgarh
... Petitioner(s) versus 1 - State Govt Of Chhattisgarh Through The Sectrary, Forest Department, Mantralaya, Mahanadi Bhavan, Raipur Police Station Rakhi, New Raipur, Chhattisgarh., Chhattisgarh 2 - Pradhan Mukhya Van Sanrakchhak, Indravati Bhavan, Police Station Rakhi, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Banwarilal Prajapati, Up Van Chhetrapal, C.G. Rajya Vanopaj Sangh Balod District Balod Chhattisgarh., District : Balod, Chhattisgarh 4 - Sheikh Asraf, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 5 - Shivavtar Rampal, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
2 6 - Prabhat Victor, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 7 - Abdul Vahid Khan Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 8 - Kalim Ulla Khan, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 9 - Babulal Mishra, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 10 - Santosh Nayak, Van Mandal, Rajnandgaron Chhattisgarh., District
:
Rajnandgaon,
Chhattisgarh 11 - Suresh Kumar Shrivastava, Van Mandal, Rajnandgaron Chhattisgarh.,
District
:
Rajnandgaon,
Chhattisgarh 12 - K. K. Bramhankar Van Mandal, Rajnandgaron Chhattisgarh.,
District
:
Rajnandgaon,
Chhattisgarh 13 - Onkar Singh Rajput, Van Mandal, Rajnandgaron Chhattisgarh., District : Rajnandgaon, Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Vinod Kumar Sharma, Advocate For Respondent-State For Respondent No.3 : : Mr. Sharad Mishra, Panel Lawyer Mr. Anirudh Shrivastava, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24.04
.2025
3
1. This petition filed under Article 226 of the Constitution of India is seeking a direction to the respondents No.1 & 2/authorities for considering the case of the petitioner for promotion on the post of Deputy Ranger that too over and above the private Respondents No.3 to 13 with all consequential benefits. 2. Mr. Vinod Kumar Sharma, learned counsel for the petitioner submits that respondents No.3 to 13, who are juniors to the petitioner, were arbitrarily and illegally promoted on the post of Deputy Ranger vide Annexures P/1 & P/2. However, the petitioner was not promoted on the said post, though he was duly qualified for the said promotion. Hence the present petition be allowed. 3.
On the other hand, learned counsel appearing for the State and respondent No.3 would jointly opposes the prayer of the petitioner and submit that since the petitioner has not completed his training at the time of Departmental Promotion Committee (in short ‘DPC’) and, which, he completed the same on 16.02.2017 (Annexure R/3), therefore, he could not be promoted on the post in question. As such, the present petition be dismissed at the threshold. 4
4. I have heard learned counsel for the parties, considered their rival submissions made herein above and perused the material available on record with utmost circumspection. 5. The eligibility criteria fixed for promotion to the post of Deputy Ranger from the post of Forester has been prescribed in Schedule IV, Rule 15 of Chhattisgarh Class III (Non-clerical Cadre) Forest Service Recruitment Service Rules, 2012, which is reproduced herein below:- S. No. Name of the Department Name of service or post from which promotion is to be made Name
of service or post on
which promotion is to be made Minimum experience period for eligibility for post Procedure of promotion Name
of members of Departmenta l Promotion Committee (1) (2) (3) (4) (5) (6) (7)
1. Forest Department Forest Guard Forester (1) Should have completed 8 years of Service as Forest Guard
after completing Forest Guard Training or (2) Such untrained forest Guard who have completed 55 years of age Seniority- cum- Merit A committee consisting of three Deputy Conservators constituted by Conservator of Forests for the promotion at circle level. 2. Forester Deputy Ranger Should
have completed 5 years of
Service
as Forester
after completing Forester Training ‒do‒ ‒do‒
6. Admittedly, the case of the respondent-State is that the petitioner had not completed the Forester Training on the
5 date his juniors (Respondents No.3 to 13) were promoted and he completed his training only on 16.02.2017.
Therefore, his case for promotion to the post of Deputy Ranger from Forester was not considered by the Departmental Promotion Committee on 14.06.2016, which is strictly in accordance with law. As such, the petitioner is not entitled for promotion on that day. 7. Accordingly, this petition deserves to be and is hereby be dismissed. No cost(s)
Sd/- (Sanjay K. Agrawal)
Judge Saxena