A I IYPPU CALICUT Vs. STATE OF KERALA

JUDGEMENT

(1.) BY Ex. P2 dated 10th July 1968 the State Government, the first respondent, promoted and appointed the fourth respondent as conservator of Forests on Rs. 1000-1300 in the newly Created Working Plan and research Circle provisionally pending selection of a suitable officer by the departmental Promotion Committee. The fourth respondent was a Deputy conservator of Forests. The petitioner, another Deputy Conservator of Forests who is senior to the fourth respondent and who has also been selected for IFS, impugns the said order in this writ petition. The second respondent is the union of India and the third respondent the Chief Conservator of Forests.

(2.) BEFORE the formation of IFS in 1966, the petitioner, three others and the fourth respondent were all in the State Forest Service as deputy Conservators of Forests. On the formation of IFS, a selection was made for IFS, wherein the petitioner and the three others were selected and the fourth respondent was not selected. The fourth respondent was also dismissed from service once by the State Government, but, the dismissal was altered Into removal from service. Subsequently, since this Court opined that the punishment inflicted on him was too severe, the Government reconsidered the matter and modified the punishment into one of reduction in rank by two places. The petitioner alleges that the State Government has no power to create another post of Conservator of Forests excadre; and that even it the State has such power, the fourth respondent should not have been posted to the same, but the petitioner 'should have been posted, since his lien in the State Service has not been cut by approving his probation in IFS.

(3.) THE first question to be considered Is whether the state Government can create a post of Conservator of Forests excadre. THE power to constitute all India services like IFS is drawn from Art. 312 of the Constitution, which states that if, the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do. Parliament may by law provide for the creation of one or more all India services, etc. IAS and IPS were already all India services in 1947; and in 1951 the All India Services Act was passed providing that, with effect from such date as the Central Government may by notification appoint, there shall be constituted the following all India services: THE Indian Service of Engineers; THE Indian Forest service; and THE Indian Medical and Health Service.