UNION OF INDIA Vs. TRILOK S. BHANDARI

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against the judgment and order dated 14th November, 2006 passed by the High Court of Uttarakhand directing the present appellant to adjust the original petitioner­-1st respondent and other persons like him who were earlier promoted in the cadre of Indian Forest Service (hereinafter being referred to as the "IFS") in the year 1996 against the notional vacancies and consequential pensionary benefits keeping in view the judgment of this Court in Union of India and Others Vs. Vipinchandra Hiralal Shah 1996(6) SCC 721.

(3.) The facts in brief which are relevant for the present purpose are that the 1st respondent was the member of State Forest Service of UP Cadre and after clubbing of the earlier year vacancies of 1984­96, promotions were made to the IFS cadre with effect from 6 th September, 1996 by an Order dated 16 th September, 1996 that came to be challenged by filing of an original application before the Central Administrative Tribunal(hereinafter being referred to as the "Tribunal") on the premise that clubbing of vacancies is not permissible and it is in violation of Regulation 5 of the IFS(Appointment by Promotion) Regulations, 1966(hereinafter being referred to as "Regulations 1966") based on the judgment of this Court in Union of India and Others(supra). The Tribunal allowed the application and quashed the order of promotion dated 10 th September, 1997 as follows:­