M ARANULLAH KHAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Challenge in this appeal is to the legality of judgment rendered by the Chennai Bench of the Central Administrative Tribunal (hereinafter referred to as the CAT). Appellant was applicant in two original application nos. 1188/1993 and 1368/1993. The present appeal relates to OA No. 1368/1993. By the common judgment the original applications of two applicants i.e. the present appellant and one Mr. N. Veeramani were disposed of. In the concerned O.A. claim of the appellant was as follows:

(2.) Stand of the first respondent-Union of India before the CAT and the second respondent- the Government of Tamil Nadu was that the applicant was not a cadre officer and he was also not a Select List Officer, and in the absence of a certificate by the second respondent in terms of Explanation 4 to Rule 3(2)(c) of the Indian Forest Service (Regulation of Seniority) Rules, 1968 (in short the Seniority Rules), the officiation is of no consequence and is fortuitous. The first respondent also took the stand that the applicant being a non-cadre officer, who had officiated in a cadre post beyond the period of six months, cannot claim the service for seniority in the absence of approval from the Central Government and the Union Public Service Commission (in short the UP SC) in terms of Rule 9 of the Indian Forest Service (cadre) Rules, 1966 (in short Cadre Rules).

(3.) CAT accepted the stand of the respondents and held that the appellant was not entitled to any preference in the year of allotment, and the services in officiating posts were not to be reckoned for the purpose of seniority. Accordingly, the prayer was not accepted.