Remanded

Shahjahan Ali Ahmed v. the State of Assam and Anr.

Gauhati HC15 May 2019WP(C)/731/2015

Case brief

AI extract

What is this about?

The petitioner challenged deprivation of seniority benefits as a forest guard. The court found inconsistencies in departmental records regarding promotions. It directed the State Secretary to revisit the issue and determine the petitioner's notional seniority benefits from the dates his junior was promoted.

What did the court decide?

The Secretary to the Government of Assam directed to revisit the petitioner's promotion issue to determine notional seniority benefits and pass an appropriate order for redetermination.

Shahjahan Ali Ahmed Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2019)

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GAHC010008512015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 731/2015

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1:SHAHJAHAN ALI AHMED

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S/O LT. ABDUL HAKIM, VILL. and P.O. MAJERGAON, P.S. CHAPAR, DISTDHUBRI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM and ANR

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REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, ENVIRONMENT AND FORESTS DEPTT., DISPUR, GHY-6

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM REHABARI GHY-

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Advocate for the Petitioner : MR.M U MAHMUD

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Advocate for the Respondent/Forest Department : Mr. S. Dutta, Standing Counsel.

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 15-05-2019

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Heard Mr. M.U. Mahmud, learned counsel for the petitioner as well as Mr. S. Dutta, learned Standing Counsel for the Forest Department.

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In view of the nature of the grievance raised in the present writ petition, the writ petition stands admitted for hearing by issuing Rule, returnable forthwith.

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With the consent of both sides, the matter is taken up today for disposal.

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By this writ petition under Article 226 of the Constitution of India, the case projected by the petitioner is that he was initially appointed as Forest Guard on 01-11-1975 and promoted to the post of Forester Grade-I on 01-02-1981, and his post was confirmed by the Principal Chief Conservator of Forests w.e.f. 01-03-1989. In the said context, the learned counsel for the petitioner by referring to the Gradation List of Forester-I as on 31-07-2009, has referred to the said Gradation List, wherein at Serial No. 204, one Sri Jatindra Nath Das working as Forester-I, Darrang Division, Mangaldoi is shown to be appointed as Forester Grade-I on 04-04-1982. The further case projected by the petitioner is that the hereinbefore named Jatindra Nath Das was promoted to the post of Deputy Ranger with effect from 20-112008. By referring to the Gradation List of Deputy Ranger as on 20-11-2008, it is submitted that the name of Sri Jatindra Nath Das is reflected at Serial No. 167. It is projected that by office order dated 12-02-2010, the petitioner, who was senior to said Jatindra Nath Das in the Gradation List of Forester–I as on 31-07-2009, was promoted temporarily to officiate as Deputy Ranger and that the name of the petitioner appears at Serial No. 149 of the said office order dated 12-02-2010. It is further projected that thereafter, vide notification dated 07-03-2012, Sri Jatindra Nath Das, who was then working as Deputy Ranger was promoted to the rank of Forest Ranger. In this context, the learned counsel for the petitioner has submitted that as the petitioner superannuated on 28-02-2015, the petitioner was entitled to notional benefits of seniority on and from respective date when his immediate junior was promoted over him. It is submitted that the petitioner has submitted his representation before the Chief Principal Conservator of Forests and Head of Forest Force, Assam, the same was not responded to and accordingly, the present writ petition has been filed.

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The learned Standing Counsel for the Forest Department has referred to the stand taken by the respondents vide the affidavit-in-opposition filed by respondent No. 2, wherein it is stated that Sri Jatindra Nath Das, Forester-I was promoted to the rank of Deputy Ranger vide office order No. 458 dated 25-05-2012 and it is further projected in paragraph 5 of the said affidavit-in-opposition that the promotion of Sri Jatindra Nath Das from the post of Forester-I to the rank of Deputy Ranger on 25-05-2012 was after the promotion of the petitioner on 12-02-2010. It is asserted that the promotion from Forester-I to the rank of

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Deputy Ranger has been given in accordance with seniority-cum-merit. The stand taken by the respondent No. 2 in paragraph 6 of the affidavit-in-opposition is that vide notification dated 07-03-2012, 116 Deputy Rangers were promoted to the post of Forest Rangers as per the recommendation of the Departmental Promotion Committee and thereafter no Departmental Promotion Committee meeting was held for considering the promotion of Deputy Rangers to the rank of Forest Rangers. Hence, the allegation of deprivation of the petitioner has been denied. The further stand in paragraph 8 of the said affidavit-inopposition is that Sri Jatindra Nath Das has retired from service as Deputy Ranger and not as Forest Ranger as stated by the petitioner.

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Having seen the said stand taken by the respondent No. 2 in the affidavit-inopposition, prima facie it appears that the said statements made in the affidavit-in-opposition are inconsistent because in paragraph 6 of the affidavit-in-opposition the Deputy Conservator of Forests, who has sworn the affidavit-in-opposition filed on behalf of respondent No. 2, has admitted that by notification dated 25-05-2012, 35 Deputy Rangers were promoted to the post of Forest Ranger. It further appears that 116 Deputy Rangers were promoted to the post of Forest Rangers vide notification dated 07-03-2012.

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From the copy of the notification dated 07-03-2012 annexed as Annexure-A to the writ petition, it clearly appears that the name of Sri Jatindra Nath Das appears at Serial No. 24 of the Gradation List. Therefore, the stand taken in paragraph 8 of the affidavit-in-opposition by respondent No. 2 appears to be an incorrect statement, which is not borne by any records to substantiate that Sri Jatindra Nath Das had retired from service as Deputy Ranger and not as Forest Ranger. Moreover, the office order No. 458 dated 25-05-2012 annexed as Annexure-A, to the affidavit-in-opposition of respondent No. 2, from which it is sought to be projected that Sri Jatindra Nath Das, Forester-I was promoted to the rank of Deputy Ranger vide the said office order dated 25-05-2012, appears to be contradictory to the “list of Deputy Rangers according to seniority in the cadre as on 20-11-2008 (Annexure -3)” to the writ petition, which reflects that the name of Sri Jatindra Nath Das appears at Serial No. 167 and accordingly, it appears that the said person was borne in the cadre of Deputy Ranger on 20-11-2008. These documents are sufficient to indicate that the petitioner, whose name appeared as senior to Jatindra Nath Das in the Gradation List of Forester–I as on 31-07-2009,

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has been deprived of his seniority with effect from 20-11-2008, when his immediate junior was promoted to the post of Deputy Ranger from the post of Forester-I and it further appears that the petitioner has been deprived of his seniority with effect from 07-03-2012 vide notification No. FRE.44/98/465 when Sri Jatindra Nath Das was promoted to the rank of Forest Ranger.

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On the query made by this Court, learned Standing Counsel for the Forest Department has submitted that the competent authority to look into the matter of promotion upto the rank of Deputy Ranger, is the Principal Chief Conservator of Forests and Head of Forest Force, Assam and that the competent authority to consider the promotion of Forest Ranger is the Secretary to the Government of Assam, Environment and Forest Department.

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In view of the contradictory documents and stand taken by the Deputy Conservator of Forests, Assam in his affidavit-in-opposition filed by respondent No. 2 on 27-11-2015, this Court is inclined to direct the Secretary to the Government of Assam, Environment and Forest Department to revisit the issue of promotion of the petitioner from the post of Forester Grade-I to the post of Deputy Ranger and thereafter, from the post of Deputy Ranger to the post of Forest Ranger in the establishment of the Principal Chief Conservator of Forests and Head of Forest Force, Assam. Instead of relegating the petitioner to the Chief Conservator of Forests and Head of Forest Force, Assam for the re-determination of his promotion to the post of Deputy Ranger, this Court is inclined to give liberty to the Secretary, Government of Assam, Environment and Forest Department to direct the competent authority, i.e., the Principal Chief Conservator of Forests and Head of Forest Force, Assam to pass appropriate order (s) concerning the promotion of the petitioner from the post of Forester-I to Deputy Ranger with effect from 20-11-2008, wherein the name of his immediate junior is reflected at Serial No. 167 of the said list and thereafter, the Secretary Government of Assam, Environment and Forest Department shall consider the entitlement of the petitioner for promotion to the post of Forest Ranger from the post of Deputy Ranger with effect from 0703-2012, the date on which notification No. FRE 44/98/465 was issued to promote his junior Sri Jatindra Nath Das, whose name appears at Serial No. 24 of the Gradation List. 10. Considering the fact that the petitioner has already superannuated on 28-02-2015, if the authorities find the petitioner is entitled to promotion from the date on which his

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immediate junior was promoted, the petitioner would be entitled to notional benefits on and from respective dates when his immediate junior was promoted, and his own status is redetermined in the said two promotional posts.

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The exercise of revisiting the promotion of the petitioner shall be completed within a period of 3(three) months from the date of receipt of a certified copy of the order by the Secretary Government of Assam, Environment and Forest Department.

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The said authority is further directed that any order that may be passed in the matter of consideration of the promotion of the petitioner from the post of Forester-I to Deputy Ranger and then from Deputy Ranger to the post of Forest Ranger, shall be communicated to the petitioner within a reasonable time of passing such order.

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The Rule is being made absolute in terms of this order.

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There shall be no order as to costs.

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A copy of this order may be provided to Mr. S. Dutta, learned Standing Counsel for the Forest Department.

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Writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Shahjahan Ali Ahmed v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Shahjahan Ali Ahmed v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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