R S AJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special leave granted in Special Leave Petition Nos. 11270 of 1994 and 20271-20278 of 1996.

(2.) These appeals are directed against the judgment of the Division Bench of the Gujarat High Court dated 4-5-1994 whereby the High Court has held that the resolution of the Government of Gujarat dated 31-1-1992 and the seniority list of officers in the Gujarat State Forest Service, Class II, as on 1-1-1992 published under resolution dated 29-1-1993 are illegal and void. By the resolution dated 31-1-1992, the Government of Gujarat has decided that the training period of directly recruited Assistant Conservators of Forests shall be taken into account for the purpose of seniority and that the seniority of Assistant Conservators of Forests selected through direct recruitment in and after the year 1979 shall be determined from the date of their being sent for training.

(3.) In the State of Gujarat the post of Assistant Conservator of Forests falls in Gujarat Forest Service Class II. Recruitment to the said Service is governed by the Assistant Conservator of Forests (Gujarat Forest Service Class II) Recruitment Rules, 1981 (hereinafter referred to as "the 1981 Rules"). The said Rules provided for appointment on the post of Assistant Conservator of Forests by promotion from amongst persons working as Range Forest Officers as well as by direct selection through the Gujarat Public Service Commission. Appointment by promotion and direct selection is to be made in the ratio of 2:1 of the vacancies available. Under Rule 6 of the 1981 Rules candidates selected for appointment by direct selection are required to undergo a course in Forestry for two years at an institution recognised by Government and to obtain a diploma (or degree in Forestry) from the institution. The Government pays an annual sum of Rs. 3,500/- as tution fees. Earlier there was a provision for payment of stipend @ Rs. 500/- per month and tour expenses of Rs. 2,400/- for two years for each selected candidate sent for training. The candidate is required to execute an agreement with two sureties binding himself to work diligently at such institution and serve the Government for not less than five years after obtaining a diploma (or degree) in Forestry from the institution and he is required to refund the amount spent by the Government on his training with interest @ 6 per cent annum if he fails to carry out the terms or is found unsuitable for employment due to misconduct. By notification of the Government of Gujarat dated 31-3-1982, instead of the stipend of Rs. 500/- per month it has been provided that the trainees who have been selected for recruitment on the post of Assistant Conservator of Forests would draw the minimum of the time-scale of the pay of that post, i.e., Rs. 700-1300/- along with admissible allowances thereof without normal increment. In addition to obtaining a diploma or degree from the institution the selected candidates are required to undergo a course of practical training of 8 weeks under a Deputy Conservator of Forests and to undergo a test of the ability to make in four hours a journey of 25 kms. on foot. After completing both courses of training the selected candidate is appointed to Class II of the Gujarat Forests Service as Assistant Conservator of Forests on probation for a period of two years. The next post higher to the post of Assistant Conservator of Forests is the post of Deputy Conservator of Forests. Recruitment to the said post is governed by the Deputy Conservator of Forests (Gujarat Forests Service) Recruitment Rules, 1987 (hereinafter referred to as "the 1987 Rules"). Under Rule 2 of the 1987 Rules appointment to the post of Deputy Conservator of Forests is made by promotion from amongst the persons holding the post of Assistant Conservator of Forests and who have put in at least eight years' service on the said post of Assistant Conservator of Forests. The said period of eight years' service includes the training period in the Forest College. The recruitment rules that were in force prior to the promulgation of the 1981 Rules also made similar provision regarding appointment on the post of Assistant Conservator of Forests by way of promotion as well as by way of direct selection and the selected candidates were required to undergo a course of Forestry for two years at an institution recognised by Government and to obtain a diploma (or degree) in Forestry from the institution. There was provision for payment of tuition fees, monthly stipend and tour expenses for two years for each candidate selected for training subject to his executing an agreement with two sureties binding himself to serve the Government for not less than five years and to refund all money expended by the Government on his training at the institution with interest @ 6 per cent per annum if he failed to carry out the terms or was found unsuitable for employment due to misconduct. On satisfactory completion of training the selected candidates were appointed as Assistant Conservators of Forests on probation for two years.