K VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) IS the Forest Ranger who has passed the Account Test (Lower) not eligible for promotion to the post of Assistant Conservator of forests? This is the short question that arises for consideration in this case. The Petitioner, who is working as Assistant Conservator of Forests, had approached this Court for a declaration that the prescribed test qualification for the post of Assistant Conservator in the Kerala Forest Service is the account Test for Executive Officers for the Kerala State alone as per the special Rules for the Kerala Forest Service. The prayer having been declined, he has filed the present appeal. The relevant facts may be briefly noticed.

(2.) THE appellant was recruited as a Forest Ranger in the year 1976. He completed the training in the year 1978-79. He was promoted as assistant Conservator of Forests with effect from April 1, 1996. THE appellate states that this promotion was provisional.

(3.) THE appellate asserts that the provisions of the kerala Forest Service Rules as issued on November 22, 1966 govern the recruitment to the post of Assistant Conservator of Forests. Rule 4 prescribes the qualifications for direct recruitment as well as for appointment by transfer. THE government can make an appointment by transfer of a Forest Ranger only if he has passed the Account Test for the Executive Officers of Kerala. Since the Statutory Rule prescribes passing of the test as a condition precedent, no Forest Ranger can be legally promoted or transferred as Assistant conservator till he passes the test. On this basis, the appellant claims that he was entitled to the declaration as prayed for by him.