Bombay High Court relief to daily wage forest labourers

In a landmark case a division bench of the Bombay High Court on April 21 upheld the decision of the Maharashtra Administrative Tribunal MAT Mumbai bench of February 2024 which was in favour of daily wage forest labourers who sought a 10 per cent ldquoparallel reservationrdquo for appointment by ldquodirect recruitmentrdquo in response to an advertisement to fill in over 6000 posts forest guards across MaharashtraThe respondent applicants would now be appointed to the post of forest guard They have been working as daily wagers for a meagre amount of R8000 per month since 2014 As many as 200plus daily workers from Sanjay Gandhi National Park SGNP Borivli Pune and Nanded districts of Maharashtra will benefit from the high court verdictThe caseThe respondent applicants six of them had filed two separate cases which were merged as one were working as daily wage forest labourers in different territorial jurisdictions of the Chief Conservators of Forest and were residing in SGNP Borivli Pune and Nanded districts of Maharashtra They sought direction to allow them to avail of 10 per cent parallel Reservation as provided by Government Resolution GR Revenue and forest department dated October 16 2012 for appointment by direct recruitment to GroupC post of forest guards as per the advertisement dated June 8 2023 issued by the Principal Chief Conservator of Forests said Advocate Rajeshwar Panchal who represented the workersPanchal further stated that the said advertisement was issued for appointment by direct recruitment to 2138 posts in Group C of forest guards across the territorial jurisdictions of all eleven limits of the Chief Conservators of Forest ldquoNearly 266 posts were to be filled in SGNP For Thane district out of 266 posts there are 24 posts of forest guard which are reserved under 10 per cent parallel reservation for daily forest labourers However to avail of this 10 per cent parallel reservation they need to produce a certificate from the respective divisional forest officersdeputy conservators of forests as per provisions of the GR dated October 16 2012rdquo Panchal addedThe advocate further stated that the minimum education qualification prescribed for the appointment of forest guards is Std XII The minimum age for daily wage forest labourers is 18 years while the limit is 55 years Daily wage forest labourers who did not fulfil the criteria of at least 240 days work in any five years during November 11 1994 to June 30 2004 to be entitled for the newly created 5089 supernumerary posts in Group D were serving as on June 30 2004 in the forest department He emphasised that it was for these daily wage forest labourers that 10 per cent parallel reservation came to be provided at the time of direct recruitment to all posts of Group C and Group DHC observationThe division bench of Bombay High court after hearing both sides and going through the MAT order stated ldquoTaking an overall view of the matter we find that the MAT was justified in holding the circular dated August 31 2013 issued by the Principal Chief Conservator of Forest Nagpur to be discriminatory as it restricted the opportunity of public employment to daily wage forest workers who were engaged after June 30 2004 and had fulfilled the eligibility criteria of annual service of 240 days in any five years Hence for all these reasons we do not find any case made out to interfere in the exercise of the writ jurisdiction The writ petition therefore stands dismissed with no orders as to costs Accordingly the interim application also stands disposed ofrdquoAdvocateSpeakAdvocate Panchal said ldquoWe are very happy as ultimately our long battle has been successful with the Bombay High Court dismissing the petition filed by the state of Maharashtra against the decision of MAT that was given almost a year ago The applicants would now get appointed to the post of forest guard The applicants have been working as daily wagers for a meagre amount of R8000 per month since 2014 As a lawyer I canrsquot express how happy I am because I could render justice to the applicants who come from marginalised communities and a scheduled tribe I expect the state government and its officers to honour the decisions of MAT and the HC and issue appointment orders as early as possible otherwise the applicants would again be forced to pursue contempt proceedings before MAT which were already institutedrdquo6000Approx no of vacant forest guard posts in MaharashtraatOptionskeyd0ddb8ef8f1a62a8cdd22fac27fc5ea7formatiframeheight90width728params