ANTONY C.K. Vs. MURALEEDHARAN

JUDGEMENT

(1.) These Writ Appeals arise from the decisions in O.Ps. 5238/87, 1971/87 and 1388/87. Writ Appeal 878/94 is filed by the additional 7th respondent in O. P. 5238/87, while the 4th respondent in O. P. 1971/87 is the appellant in W. A. 1193/1994. He was the 3rd respondent in O.P. 1388/87. Against the judgment in that Original Petition, he has preferred W. A. 1309/94. Since the issues raised in these appeals are the same, we consider it advantageous to dispose of them by a common-judgment.

(2.) The main issue that is to be tackled by us in these appeals is as to how direct recruits to the cadre of Assistant Conservators of Forests are to be ranked in the seniority list vis-a-vis the promotees from the cadre of Rangers. Qualification and method of appointment to the cadre of Assistant Conservators is provided by the Special Rules governing the Kerala Forest Service. Category 4 in the Special Rules relate to Assistant Conservators. The post is to be filled up by direct recruitment or recruitment by transfer from among Rangers in the Kerala Forest Subordinate Service. The rule further states that so far as qualified and suitable candidates are available, direct recruitment and recruitment by transfer shall be made in the proportion of 3:2. The said rule has a proviso. The proviso states that substantive vacancies alone in the category of Assistant Conservators shall be filled up in accordance with the seniority of approved probationers. The above provision shows that the direct recruitment and recruitment by transfer from among Rangers must be in the ratio of 3:2 and the substantive vacancies in the Cadre of Assistant Conservators can alone be filled up only by approved probationers in that cadre, depending on their seniority. In other words, no officer, who has not been declared as an approved probationer in the cadre of Assistant Conservator, can take a substantive vacancy in that cadre. Putting it differently, no one holding the post of Assistant Conservator, who has not got his probation declared, be placed in any substantive vacancy at any point of time in the said cadre.

(3.) Even though the said rule underwent an amendment as per G. O. (P) 100/87 dated 16th December, 1987 by substituting two paragraphs by an Explanation, that has not gone to change the legal position materially.