Forest guard is not district cadre post: HC

Jammu, June 12: Justice Y P Nargotra of J&K High Court Jammu wing in a batch of writ petitions challenging the provincial seniority of forest guards, observed that seniority of forest guards is not district wise. In a batch of petitions challenging the final seniority list of forest guards as provincial level instead of district level as the Principal Chief Conservator Forest J&K vide order dated April 14, 2006 directed that in Kashmir province seniority of forest guards in three categories, Graduate, Matric and middle is being maintained at provincial level. There can be no two yard sticks, one for Kashmir and another for Jammu province. In case seniority of forest guard is maintained at District level, there can distortions, juniors will March score over their seniors and in order to remove the anomaly the seniority of forest guards in three categories be maintained at provincial level and effect the promotions as per seniority under rules. Justice YP Nargotra after hearing battery of lawyers appearing from both sides and also considers the record produced during the course of arguments and quoted SRO 335 of November 28, 1991 by which the post of forest guards are covered and rule 10 of these rules provides that seniority of the members of service shall be regulated under the J&K Civil Service (classification, control and appeal) Rules 1956. The head of department shall maintain an update final seniority list of the service as the said rules have been framed for governing the appointment, recruitment etc. In the forest Dept of non-gazetted staff the rules framed under SRO 194 have no application. The recruitment rules framed for regulating the J&K Forest (subordinate) Service Recruitment Rules 1991 no where provide that the post of forest guard shall be district cadre post. The nature of the post would be determined only by mode of creation. From the order NO 1064 dated March 20, 1991, which has been produced by Additional Advocate General Seema Shekhar; it is evident that the posts created are not district wise post. This apart, even the seniority of forest guard is to be maintained by the Head of Department and not be District Cadre Head which is also indicated of the post of forest Guard being not district Cadre post. The contention of the counsel for the petitioners that post of forest guards is district wise post cannot be accepted. With these observations Court observed that there is no merit in these petitions and same are dismissed. JNF
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