K V NAYAK Vs. INDIAN FOREST SERVICE ASSOCIATION

JUDGEMENT

(1.) THE petitioners are questioning the legality and correctness of the direction issued by the Tribunal on 28.06.2013 in OA NO. 237/2012, OA NO. 363/2011, OA NO. 297/2011 and OA NO. 114/2012. The respondents 1, 2, 12 and 13 in these petitions were the applicants before the Central Administrative Tribunal, Bangalore. The aforesaid applications were filed by them challenging the order of the State Government of Karnataka in the Department of Personnel and Administrative Reforms dated 02.03.2012 and 30.04.2012. The actual dispute in these petitions is with regard to transfer and Postings of IFS and SFS officers to the Cadre Post.

(2.) THE undisputed fact is that there are 50 Deputy Conservators of Forests (hereinafter referred to as DCF) and these Cadre Posts in the State which are to be filled up from among the IFS officers. As against 50 Cadre Posts, only 19 officers are available in the DCF Cadre (IFS) and remaining Cadre Posts are vacant. Since these Posts are vacant for long time, the Posts have been filled up by transferring the State Forest Service officers. The IFS Association is the first applicant in OA No.237/2012 contended that the Association is in constant and continuous efforts by making several representations to the State Government of Karnataka requesting not to post any Non -Cadre officer to a Cadre Post. On the ground that the request of the Association has not been considered and that in violation of the Cadre Rules only State Forest officers are being transferred to the Cadre post, the application came to be filed.

(3.) THE Tribunal considering the grievance of all the parties, allowed the applications by issuing certain directions. According to the directions issued by the Central Administrative Tribunal, out of them the Government must have review the order passed by it as per Annexure A 10 and A11, by following the spirit of Rule 9 (2) (a) and (b) and as many as DCF level Posts may be manned by the Conservator level officers who can be spared for the balance vacancies, following the dictate of Rule 9(2) (a) and (b) if at all it is felt that there are going to be vacancies at the DCF level and noncadre officer is to be appointed it shall be done only by appointing them in their respective order in the select list if any list being first and for the balance, if above persons/individuals are also not sufficient to fill up the vacancies, the Government is free to prepare a list of competent eligible persons, draw up a further list among them according to the seniority and then only on the basis of the such seniority, non -Cadre officers may be transferred to the Cadre Post and the tribunal has also issued certain few more directions and accordingly applications were disposed of.