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HC restrains Forest Department from making promotion in FPF
5/29/2009 10:28:09 PM
EARLY TIMES REPORT
Jammu, May29- Justice Mohammed Yaqoob Mir of J&K High Court Jammu Wing in a petition filed by Rajesh Kumar Luthra & Ors challenging the promotion on the basis of seniority list of March 26, 2009, has issued notice to State of J&K through Chief Secretary, Commissioner/Secretary Forest Department, Director Forest Protection Force and Ors returnable within four weeks. Court after hearing Advocate Shahzad A Qadiri appearing for the petitioners ordered that promotion on the basis of seniority list dated March 26, 2009 shall not be given effect till next date of hearing.
In the petition it has been submitted that on the recommendation made by Service Selection Board dated June 10, 1997, the petitioners were appointed as Forest Protection Force Guards. Though the recruitment has been made in the year 1996-97 in Forest Protection Force for the first time but till date recruitment rules have been framed so far. However vide order October 14, 2008 issued by Director Forest Protection Force, the cadre strength of the establishment has been determined and from the perusal of said order it becomes crystal clear that in the hierarchy of Forest Protection Force the next post after Forest Protection Force Guard is Forest Protection Force Inspector. After lapse of about 10 years the respondent have for the first time circulated tentative seniority list of Forest Protection Force Guards vide letter dated October 3, 2008 and in response to the tentative seniority list, the petitioners have submitted their objections with a categoric stand that their seniority shall be maintained at Provincial level. That the petitioners have brought all these facts to the notice of respondents in their objections but respondents have issued order dated March 26, 2009 whereby seniority has been fixed district wise without any basis and in violence of norms. In the petition the petitioners seeking quashment of order dated March 26, 2009 whereby seniority of Forest Protection Force Guards is maintained district wise by treating the same is illegal, arbitrary and against law and also seeking direction to respondents to maintain the seniority of petitioners as Forest Protection Force Guards on Provincial Level. JNF
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