ASHOK RAM PARHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is one more unending dispute arising between direct recruits and promotees qua their inter se seniority. The post for which the recruitment took place was the Assistant Conservator of Forest (hereinafter referred to as "ACF"). The method of recruitment for the said post was twofold - nomination (direct appointment) and promotion. Recruits to ACF by promotion assume charge from the day they are promoted to the said post and are not required to undergo two years of ACF training and one year of field training. This is distinct from the persons selected and appointed by nomination where such training is compulsory.

(2.) The ACF post, in turn, is the feeder cadre to the post of Divisional Forest Officer (hereinafter referred to as "DFO"). As per Rule 5 of the Assistant Conservator of Forests in the Maharashtra Forest Service, Group A (Junior Scale) (Recruitment) Rules, 1998 (hereinafter referred to as the "1998 Rules"), appointment to the post of ACF shall be in the ratio of 50:50 from these two sources.

(3.) The appellants before us were appointed to the post of ACF through nomination in 2016. They had been recruited in 2014 and went through a training. Respondent nos.4 to 9 were directly promoted to the post of ACF in 2014.