UNION PUBLIC SERVICE COMMISSION Vs. A K SALIM

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against judgment dated October 18, 2007 rendered by the High Court of Kerala at Ernakulam in W.P.(C) No. 30695 of 2007 by which direction dated September 11, 2007, given by the Central Administrative Tribunal, Ernakulam Bench in M.A. No. 649 of 2007, which was filed in O.A. No. 26 of 2007, given to UPSC, New Delhi to convene the Selection Committee meeting based on the proposal already received from the State Government vide letters dated May 10, 2007 and June 15, 2007 for considering the case of the applicant for promotion to the Indian Forest Service, without waiting for further proposals in respect of additional vacancies, is upheld.

(3.) The respondent No. 1, i.e., Mr. A.K. Salim, was appointed as a Forest Range Officer on November 1, 1977. He was thereafter promoted as Assistant Conservator of Forest on January 5, 1995. He was also promoted as Deputy Conservator of Forest (non-cadre). The appointment to Indian Forest Service is governed by the provisions of Indian Forest Services (Appointment by Promotion) Regulations, 1966. The respondent No. 1 was confirmed in the cadre post of Assistant Conservator of Forest with effect from July 1, 2001. In the seniority list of Assistant Conservator of Forest he was placed at serial No. 24 and was also granted integrity certificate for consideration of his appointment to Indian Forest Service. The name of the respondent No. 1 was included in the select list prepared in terms of the Regulations of 1966 for the years 2004 and 2005. Since the respondent No. 1 was confirmed in the cadre post of Assistant Conservator of Forest with effect from July 1, 2001 and had completed eight years of service in the year 2003, his name was considered and included for the four vacancies that arose during the year 2004. Similarly his name for promotion to Indian Forest Service was included in the year 2005 for the two vacancies which had arisen in that year. However, he was found to be ineligible for being considered for the vacancies for the years 2004 and 2005 since he had not completed the prescribed eight years' service. Likewise, he was found ineligible for being considered for the sole vacancy of the year 2006. The Selection Committee for Indian Forest Service met on December 22, 2006 and selected candidates for eight vacancies for the years 2003, 2004 and 2005. However, the Selection Committee did not consider filling up the sole vacancy of the year 2006. The reason for not considering filling up of the said vacancy was lack of proposal from the State Government and the Principal Secretary Forest, Government of Kerala. The respondent No. 1 made representations for his promotion to Indian Forest Service but of no avail. He, therefore, moved O.A. No. 26 of 2007 before the Central Administrative Tribunal, Ernakulam Bench and prayed to direct the appellants to convene meeting of the Selection Committee for considering his case for selection and appointment to Indian Forest Service cadre against the substantive vacancies available as on January 1, 2006.