M SHAMSUL HUDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The core question arising for consideration in this writ petition is whether the petitioners who were directly selected for recruitment as Range Officers are entitled to claim seniority from the date of their advice or from the date of joining duty after completing the training. The petitioners claim seniority with effect from 21/10/1976, the date of advice. It is contended that respondents 3 to 10 who were directly selected as Forest apprentices are juniors to petitioners since respondents 3 to 10 joined service after the above stated date.

(2.) Kerala Public Service Commission published Ext. P1 notification on 06/07/1976 inviting applications for selection as Forest Range Officer from among qualified persons by direct recruitment. Petitioners who had passed B.Tech Degree in Forestry from Calicut University applied for that post. On 21/10/1976, Ext. P2 advice memo was issued informing the petitioners that they had been selected for recruitment as Forest Range Officers subject to R.3(c) of the General Rules of the Kerala State and Subordinate Services Rules, 1958, for short, KS & SSR and whatever further checking Government may find it necessary to do so. They were informed that further instructions will be issued to them. Subsequently, Chief Conservator of Forests (Development) issued Ext. P2(a) order on 1971-1976 directing the petitioners to report for duty before the Conservator of Forests, Northern Circle and Central Circle respectively for practical training on 01/12/1976. Kerala Public Service Commission had published Ext. P3 notification inviting applications from qualified persons for selection to undergo training in the Forest Rangers Course at the Southern Forest Rangers College, Coimbatore.

(3.) The following were the material averments in the Writ Petition - Respondents 3 to 10 were selected for Forest Rangers Course. Ext. P4 is the memorandum issued to the 7th respondent. Respondents 3 to 10 were directed to undergo practical training at Forest Ranges and only thereafter they became qualified to be appointed as Forest Range Officers. Respondents 3 to 10 completed the practical training only on 21/09/1977 and they became eligible to be appointed as Forest Rangers only after that date whereas petitioners were appointed as Forest Rangers as early as on 21/10/1976. According to the petitioners, they were recruited direct to the category of Range Officers under R.2(12) of Part I of KS & SSR and their seniority is to be reckoned as provided under R.27(c) of Part II of KS & SSR. The specific case put forward by the petitioners is that since they were advised for appointment under Ext. P2 with effect from 21/10/1976, that date has to be taken for determining the seniority in the category. R.9 A of the Kerala Forest Subordinate Service Rules, (for short, KFSSR) deals with appointment of Forest Apprentices and they were included in the 5th category whereas persons like petitioners who were directly recruited as Forest Rangers are included in the first category. A person selected for Forest Apprentice has to undergo Apprentice course for two years and then practical training for one year and hence they have to spend atleast three more years to become eligible to get appointed as Forest Range Officers. Though nine vacancies were notified under Ext. P1, there were only two candidates and hence the Government issued orders on 16/07/1977 stating that those unfilled vacancies can be filled up either by other qualified persons like Forest Apprentices and it was only pursuant to that order, respondents 3 to 10 were given appointment as Forest Range Officers. A provisional seniority list of Forest Range Officers as on 01/01/1984 was published wherein respondents 3 to 7 were assigned seniority above the petitioners. Second petitioner submitted Ext. P7 objection and first petitioner filed Ext. P8 objection. Second respondent published Ext. P9 final seniority list of Range Officers as on 01/01/1984 without considering the objections raised by the petitioners. In Ext. P9 also, respondents were assigned seniority above the petitioners and challenging that ranking petitioners submitted Exts. P10 and P11 objections. Without considering Exts. P7, P8. P10 and P11 objections, another provisional seniority list of Rangers as on 01/01/1987 was published by the second respondent as Ext. P12. In Ext. P12 also, respondents 3 to 10 were given seniority above the petitioners. Challenging Ext. P12, petitioners submitted Exts. P13 and P14 objections. No final combined seniority list as on 01/01/1987 was published but second respondent published Ext. P15 provisional seniority list of Rangers as on 01/01/1992 assigning seniority to respondents 3 to 10 above the petitioners. Petitioners filed Exts. P16 and P17 objections challenging Ext. P15 and no final seniority list was published. Petitioners filed OP No. 10226 of 1993 before this Court and this Court issued an interim direction to the second respondent to consider and dispose of Exts. P16 and P17 representations within a period of six weeks from the date of receipt of a copy of judgment. Second respondent passed Ext. P19 order rejecting the claim of the petitioners . Challenging Ext. P19 order petitioners filed Ext. P20 appeal. Government issued Ext. P21 order by which petitioners were assigned seniority above respondents 3 to 10 and hence OP No. 10226 of 1993 was disposed of on 01/03/1995. Respondents 4 and 6 to 10 filed OP No. 6215 of 1995 before this Court. This Court stayed the operation of Ext. P21 order and subsequently disposed of the writ petition directing the petitioners as well as the respondents to file their objections to Ext. P21 order within four weeks. First respondent was directed to pass orders within a period of six weeks thereafter. Petitioners were heard by Sri. Rudragangadharan, the then Secretary to Government, Department of Forest but he did not pass any order. Petitioners filed Contempt Case No. 1550 of 2004. The first respondent passed orders rejecting the claim of the petitioners under Ext. P27 after a lapse of one year after the date of hearing. Hence this writ petition to quash Ext. P27 order and Exts. P9, P12 and P15 seniority list of Forest Range Officers to the extent it provides seniority to respondents 3 to 10 above the petitioners and also for other reliefs.