BENGALURU: Retired IFS officer BJ Hosmath, who was denied promotion by the state government to the post of Principal Chief Conservator of Forests, has got his due. The state government gave him notional promotion to the top post on Tuesday. The order was based on the rulings given by both the Central Administrative Tribunal and the Karnataka High Court.

The government had earlier denied him the posting citing that he had just one month of tenure before his retirement, which was challenged by him.

Implementing the CAT and the high court judgments which said there was gross miscarriage of justice, the state government’s order on Tuesday stated that retired IFS officer has been notionally appointed as PCCF (head of Forest Force) from the date his junior was appointed to the post. He has been sanctioned to all consequential benefits after his retirement on May 31, 2017. In fact, the high court had stated that the law does not contemplate that a person having tenure of one month should not be promoted.

Upholding the CAT judgment, the high court had observed the reasons assigned by the selection committee that the officer has only one month tenure does not hold good as this is not one of the parameters as specified by the state in their notification of May 12, 2009. If the state intended not to appoint a candidate who had a limited period of service, the same would have been narrated in the parameters of selection. 

Ruling in favour of the government officer, the court stressed there is no specific period for a selected person to hold a post and to import a new parameter would be gross injustice to the officer. If the state intended to include a specific period, it would have done so. No such period is mentioned and therefore, a new parameter cannot be introduced by the selection committee. The act of the state in not promoting him has been gross miscarriage of justice. 

Reacting to the landmark case which is likely to be referred to in future litigation involving promotion criteria for government officers, B J Hosmath said, “Few people in the department conspired against me in denying this promotion and the state played into their hands. God has helped me 
today and I feel this is in the right direction as also for forest conservation.”