R R S CHOUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal from the judgment dated August 9, 1988 passed by the Central Administrative Tribunal, Jabalpur Bench, Madhya Pradesh (hereinafter referred to as the Tribunal) the question that arises for consideration is whether for the purpose of determination of seniority of the appellants in the Indian Forest Service (hereinafter referred to as the Service) the period of their officiation on the post of Officer on Special Duty (O.S.D) in the State of Madhya Pradesh since 1977 till the date of their appointment to the Service should be taken into account.

(2.) Appellants Nos. 1 to 9 were selected for appointment to the post of Assistant Conservator of Forests in the Superior Forest Service of the State of Madhya Pradesh in the year 1964. After completion of their training at the Indian Forest College, Dehradun they were appointed as Assistant Conservator of Forests in the year 1966. Appellants Nos. 10 to 12 were selected for such training in 1965 and on completion of their training they were appointed as Assistant Conservator of Forests in 1967. They were all confirmed on the post of Assistant Conservator of Forests with effect from October 1, 1968. In the year 1966 the Service was constituted under the All India Services Act, 1951. The Services is governed by various rules and regulations, including the Indian Forest Service (Cadre) Rules, 1966 (hereinafter referred to as the Cadre Rules, the Indian Forest Service (Recruitment) Rules, 1966 (hereinafter referred to as the Recruitment Rules, the Indian Forest Service (Appointment by Promotion) Regulations, 1966 (hereinafter referred to as the Appointment by Promotion Regulations, the Indian Forest Service (Regulation of Seniority) Rules, 1968 (hereinafter referred to as the Seniority Rules, made by the Central Government. The provisions in these Rules and Regulations are substantially the same as those contained in similar rules and regulations governing the Indian Administrative Service and the Indian Police Service.

(3.) By order dated January 23, 1974 the Government of Madhya Pradesh abolished 27 posts in the senior pay scale of Rs. 700-1250 in the cadre of the Service and in their place equal number of temporary posts of Officer on Special Duty (O.S.D.) in the pay scale of Rs. 680-1000-EB-1150 were created in the State Forest Service. In the said order it was stated that "this arrangment would remain effective for a period of one year or up to the time of preparation of select list according to Rule 5 of the I.F.S. (Appointment by Promotion) Regulations, whichever is earlier". By order dated July 11, 1975 the said order dated January 23, 1974 was extended for a further period of one year or till the preparation of select list for the promotion to the Service, whichever is earlier, and by another order dated May 25, 1976 it was further extended for a period of one year or till the preparation of select list for the promotion to the Service, whichever is earlier. By orders dated February 22, 1977, March 5, 1977, March 21, 1977 and April 22, 1977 the appellants were promoted on the posts of O.S.D. in the pay scale of Rs. 680-1150. While they were thus officiating the names of the appellants were included in the select list for the year 1978 prepared by the Selection Committee under the Appointment by Promotion Regulations in December, 1977. The said select list contained the names of 67 persons out of which 38 persons were appointed to the Service for the year 1978. Since the appellants were lower down in merit in the said select list they could not be appointed to the Service on the basis of the said select list. The names of the appellants were not contained in the select list for the year 1979 which was prepared on December 19, 1978. The names of some of the appellants were contained in the select list for the year 1980 but the select list of 1981 did not contain the names of any of the appellants. The names of some of the appellants were included in the select list for the years 1982 and 1983 but in the select list for the year 1984 the name of none of the appellants was included. The select list for the year 1985 contained the names of all the appellants and by order dated September 24, 1985 the appellants were appointed to the Service and were allotted the Madhya Pradesh Cadre. They have been assigned 1981 as the year of allotment for the purpose of seniority in the Service. Their claim is that they should have been assigned 1971 as the year of allotment as they were continuously holding the senior post of Deputy Conservator of Forests - a cadre post in the Service - uninterruptedly from 1977 till the date of their appointment to the Service and V.N. Khare, a direct recruit of 1971 batch, had started officiating on the senior-post in 1977. The appellants filed an application (O. A. 25/1988) before the Tribunal for the redress of their grievance. The said petition of the appellants has been dismissed by the Tribunal by judgment dated August 9, 1988.