The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14821 of 2024 Rajkishore Sahu ..... Petitioner -versus- ..... Represented By Adv. - Santosh Kumar Swain Opposite Parties Represented By Adv. – Mr.S.K.Brahma,ASC 1) State Of Odisha 2) Principal Chief Conservator Of Forests, Bbsr 3) Regional Chief Conservator Of Forests, Berhampur Circle 4) D.f.o., Paralakhemundi CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 05.05.2025 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the pleadings of the respective parties as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer: “ It is therefore, prayed that this Hon’ble Court may be graciously pleased to consider the above facts and circumstances, the Opp.Parties and on hearing from both sides be pleased to pass the following order ; i) To quash the impugned order dated 04.05.2024 issue notice to Page 1 of 6. under annexure-9; ii) To direct the Opp.Parties especially to the Opp.Party Nos.3 & 4 to promote the Petitioner to the post of Forester from the date, his batch mates/juniors have been promoted with all consequential benefits by convening a review DPC for the same within a time limit to be specified by this Hon’ble Court in the interest of justice;” 4. The case of the Petitioner as revealed from the Writ Petition, in short, is that the Petitioner was initially appointed as Gate Keeper on 07.07.1993. Thereafter, he was promoted to the post of Forest Guard with effect from 23.06.1999 vide order under Annexure-3 passed by Opposite Party No.4. By order dated 09.06.2000 the order of promotion to the post of Forest Guard was cancelled by Opposite Party no.4. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached the Orissa Administrative Tribunal by filing O.A. No.508 of 2017. Learned Tribunal vide order dated 11.04.2017 disposed of the Original Application by directing the Opposite Parties to consider the representation of the Petitioner and to consider the promotion of the Petitioner to the post of Forest Guard within a period of 45 days from the date of order passed by the Orissa Administrative Tribunal. 5. Pursuant to the aforesaid direction of the learned Tribunal, the Opposite Parties considered the case of the Petitioner for promotion and accordingly the Petitioner was promoted to the post of Forest Guard with effect from 24.06.1999 by virtue of the order of Opposite Party No.4 dated 09.06.2000 under annexure-5. Page 2 of 6. 6. Learned counsel for the Petitioner at this juncture contended that the juniors to the Petitioner, who have been promoted to the post of Forester, however the Petitioner has not been given promotion to the post of Forester. Aggrieved, the petitioner was compelled to approach this Court vide
Decision
W.P.(C) No.18974 of 2023. This Court disposed of the foresaid Writ Petition vide order dated 21.06.2023 directing the opposite Parties to promote the Petitioner to the post of Forester from the date his batch mates and juniors were given promotion, with all consequential benefits. After disposal of the aforesaid Writ Petition, the Petitioner again approached the Opposite Parties. However by order dated 04.05.2024 under Annexure-9 to the Writ Petition, the prayer of the Petitioner for promotion to the post of Forester was rejected by the Regional Chief Conservator of Forests, Berhampur Circle-Opposite Party No.3. Learned counsel for the Petitioner at the outset contended that the impugned rejection order dated 04.05.2024 under Annexure-9 clearly reveals that the case of the Petitioner for promotion to the post of Forester from the post of Forest Guard was rejected on the ground that the Petitioner does not comply with the requirement of the amended Rules, especially with regard to the height of the Petitioner. In the aforesaid context, learned counsel for the Petitioner further submitted that when the Petitioner entered into the service, there was no restriction with regard to the height of the Petitioner. Accordingly, at the time of entry into service the height requirement of aspiring candidates was minimum 163 cm. Since the Petitioner’s height is 163 cm, he was selected and was given appointment to the post of Gate Keeper and Page 3 of 6. subsequently promoted to the post of Forest Guard. In the meantime, the Rule was amended and the minimum height has been enhanced to 168 cm from the year 1998 vide the Orissa Sub-Ordinate Forest Service (Method of Recruitment & Conditions of Service of Foresters) Rules, 2020. He further contended that the impugned rejection order clearly reveals that the case of the Petitioner has been rejected only on the ground that the petitioner does not meet the requirement of minimum height as has been mentioned in the amended Rule, 2020. Being aggrieved by such rejection order, the Petitioner has approached this Court by filing the present Writ Petition. 7. Learned Additional Standing Counsel for the State on the other hand contended that although the State-Opposite Parties have filed a detailed Counter Affidavit supporting the impugned order dated 04.05.2024 under Annexure-9 to the Writ Petition, however in the meantime the Government of Odisha in the Forest, Environment and Climate Change Department has issued a Notification No.4156 dated 18.02.2025. Further, referring to the aforesaid Notification, he contended that as one time measure relaxation has been granted to the existing candidates with regard to their height if they are found otherwise suitable for promotion to the post of Forester. A copy of the Notification dated 18.02.2025 is filed in Court today and the same is taken on record. 8. This Court, on perusal of the Notification dated 18.02.2025 observes that the relaxation of Rule 14(d) read with Rule 6(6) of the Odisha Subordinate Forest Service (Method of Recruitment and Conditions of Service of Page 4 of 6. Foresters) Rules, 2018, as amended by virtue of the amending Rule of the year 2020, observes that the requirement of physical standard i.e. minimum height and chest prescribed under rule 14(d) read with Rule 6(6) of the Rules, 2018, were subsequently amended by virtue of the Rules, 2020 and the same is relaxed one time for promotion of the existing otherwise found eligible Forest Guards to the post of Foresters in the public interest. Keeping in view the aforesaid Notification dated 18.02.2025 and the relaxation granted by virtue of the amended Rule, 2020, this Court is of the view that the case of the Petitioner shall be considered for promotion to the post of Forester as the only bar with regard to his height has been relaxed in view of the amending Rule of the year 2020. In view of the aforesaid position and further keeping in view the relaxation granted vide Notification dated 18.02.2025, this Court deems it proper to dispose of the Writ Petition by directing the opposite Parties to consider the case of the Petitioner for promotion to the post of Forester and in view of the relaxation granted by virtue of the amending Rule, 2020, and the Petitioner be given promotion subject to the Petitioner satisfying other eligibility criteria, within six weeks from the date of communication of certified copy of this order. It is further made clear that while giving promotion to the Petitioner to the post of Forester, his seniority shall be considered by reckoning his relaxation to the post of Forest Guard. Accordingly, the gradation list be redrawn. It may be mentioned here that upon getting promotion to the post of Forester, as has been directed herein above, the Petitioner be also assigned with all financial benefits as is due and Page 5 of 6. admissible to him as per relevant rules. 9. With the aforesaid observation/direction the Writ Petition stands disposed of. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Page 6 of 6. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 06-May-2025 18:28:36