B MURALEEDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Common questions arise for consideration in these Writ Petitions and therefore, they are heard together and disposed of, by this common judgment.

(2.) The inter se seniority dispute between direct recruits and promotees to the Indian Forest Service (hereinafter referred to as "I.F.S."), is the main point that arises for decision in these cases. A Division Bench of this Court referred these cases to the Fuil Bench, by reference order dated 1.2.2006. The main point referred for decision by the Full Bench is, whether a promotee I.F.S. Officer can get an year of allotment, which is earlier to the date of attainment of eligibility for induction of such promotee from the State Forest Service to the I.F.S. The reference order reads as follows:

(3.) The contention of the writ petitioners, assailing the order of the Central Administrative Tribunal impugned in these Writ Petitions, is that allotment is different from induction to the service. Recruitment Rules and the constraints regarding minimum period of 8 years' service prescribed in Regulation 5(2) framed in accordance with Rule 8 is only for the purpose of induction; and once they are inducted, they are, going by Rule 6(3) of the Recruitment Rules, entitled to senior scale, and they have to be placed in the seniority list, just below the officer, who is already occupying such senior post on the date of their induction. In other words, they are entitled for, on induction on completion of 8 years in the State service, allotment of a date earlier than the date of such eligibility for induction, going by Regulation 5(2) read with Rule 8 referred supra.