[2026:RJ-JP:13055-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 979/2025 Ramesh Chand Sharma S/o Shri Jamuna Lal Sharma, Aged About 69 Years, R/o Village Intaka, Tehsil Sikray, District Dausa (Raj.) ----Appellant Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Forest, Government Of Rajasthan, Jaipur 2. The Principal Chief Conservator Of Forest, Department Of Forest, Government Of Rajasthan, Jaipur 3. The Division Forest Officer, Division Forest Officer, Tonk, Rajasthan ----Respondents For Appellant(s) : Mr. Tanmay Dhand For Respondent(s) : HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 28/03/2026 1. This is an appeal assailing the order dated 28.05.2025 passed by the learned Single Judge, whereby the application for recalling of the order dated 15.12.2023 was rejected. 2. Learned counsel for the appellant submits that the petitioner was entitled to out of turn promotion and he had been duly recommended for the said purpose. However, when the writ petition came up before the Court for hearing on 15.12.2023, none of the counsels were available and the learned Single Judge rejected the petition. [2026:RJ-JP:13055-DB] (2 of 3) [SAW-979/2025] 3. Learned counsel for the appellant filed an appeal before the Division Bench bearing No. 516/2024 which came to be decided on 10.12.2024 with liberty to file recall application. Accordingly, the recall application was filed before the learned Single Judge who while hearing the recall application, considered the case on merits and dismissed the application holding that there was no provision under the Rules for out of turn promotion for the post of Assistant Forester and in view thereto, recalling of his earlier order dated 15.12.2023 was refused. 4. Learned counsel has taken us to the documents filed along with the writ petition to point out that there have been instances of out of turn promotion in the Forest Department and the regular practice is with the purpose to encourage the Forest Guards. It is submitted that so far as the appellant is concerned, he was a Forest Guard and had been successful in warding off an attack by a panther. Recommendations were made by the Secretary to Government, Department of Forest, that Forest Guards/Cattle Guards like the appellant and others, who had, while on duty been mauled by animals like tigers, ought to be suitably rewarded. 5. Another letter has been sent by the Principle Chief Conservator of Forest for recommending making out of turn promotions as being done by the Police Department. 6. Letter dated 20.02.1999 has been issued by the office of Additional Principle Chief Conservator of Forest, recommending out of turn promotion to appellant from the post of Forest Guard to Assistant Forester. Relying on the said letters, learned counsel submits that the appellant ought to have been considered for promotion. [2026:RJ-JP:13055-DB] (3 of 3) [SAW-979/2025] 7. We have noted the aforesaid documents and we appreciate the administrative zeal of the senior officers in recommending promotion to the worthy Forest Guards and Cattle Guards and to encourage and inculcate a spirit of better performance. However, such recommendations or approach has to be supported by appropriate rules. 8. It is an admitted position that the Rajasthan Forest Subordinate Service Rules, 1963 do not provide out of turn promotion as are being provided in the Rajasthan Police Subordinate Service Rules, 1989. 9. In view thereto, we would be unable to accept this appeal for issuing a mandamus to the respondents to grant out of turn promotion to the appellant. 10. The order passed by the learned Single Judge does not warrant any interference. 11. The appeal is dismissed accordingly. 12. All pending applications also stand disposed of. (SHUBHA MEHTA),J (SANJEEV PRAKASH SHARMA),ACTING CJ Gaurav/Riya/5