S M DUBEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions filed under Article 226 of the Constitution of India bring to the surface an unhealthy dispute between the direct recruits in the cadre of Assistant Conservators of Forest (Gujarat Forest Service Cl. II) and the promotees of that very cadre inter se claiming seniority and preferential promotion to each other to the post of Deputy Conservator of Forest. As usual the State Government has unfortunately contributed in confusing and confounding the issue by usual administrative lethargy and by half-hearted decisions without having overall comprehensive view of the matter. The controversy between the two warring groups ought to have been settled by earlier comprehensive solution to the problem. Since the controversy is now brought to this court by promotees by instituting Special C.A.No. 896/91 and by the direct recruits by instituting Special C.A.No. 1447/91 the same is now decided by this common judgment.

(2.) The petitioners in Special C.A.No. 896/91 were on the relevant date working as Assistant Conservators of Forest since 20/10/1980 and 7/01/1980 respectively. Originally they were appointed to the post of Range Forest Officers and the said recruitment was under recruitment rules known as RANGERS (SUBORDINATE SERVICE) RECRUITMENT RULES 1969 It is their case that as required under the requirement rules they had undergone the training for Rangers course at the recognised institute for a period of two years. After successful completion for their training they were duly posted as Range Forest Officers and according to them their seniority in the said cadre was reckoned from the date of their actual posting in the said cadre after completion of two years training. In this petition (i) R. S. Ajara (ii) R. B. Zala (iii) B. A. Pandya and (iv) D. P. Tipra are impleaded as party respondents on their having applied for being impleaded as party respondents and these respondents represent class of direct recruit to the post of Assistant Conservator of Forest. It is the case of the petitioners that a provisional seniority list for the cadre of Asst. Conservator of Forest-Cl. II as on Ist January 1987 was prepared and published on 5/08/1987 and in said list the names of the petitioners appeared at Sl. Nos. 68 & 67 respectively. It is not in dispute before this Court that the names of respondent Nos. 3 to 7 did not find place in the aforesaid provisional seniority list showing seniority in the cadre of Asstt. Conservator of Forest as on Ist January 1987. It appears that a final seniority list of the cadre of Asstt. Conservator of Forest was published in Govt. Circular dated 2 7/10/1990 showing the seniority of Asstt. Conservator of Forest as on Ist January 1987 and in such final seniority list also the names of respondent Nos. 3 to 7 do not find place while names of petitioner Nos. 1 & 2 appear at Sl. Nos. 70 & 63 respectively. It may be stated that the aforesaid final seniority list of the cadre of Asstt. Conservator of Forest is the subject-matter of challenge before this Court in Spl. C.A.Nos. 3049/82 5353 2124 2214 and 877/88 which are pending before this Court for final hearing.

(3.) It is the case of the promotees that based on the final seniority list which was published by the aforesaid Government circular a select list for appointment to the promotional posts of Deputy Conservator of Forest was prepared by the Government in October 1989. It is their case that recruitment to the cadre of Deputy Conservator of Forestis governed by the Statutory rules known as DEPUTY CONSERVATOR OF FORESTS (GUJARAT FOREST SERVICE) RECRUITMENT RULES 1987 The promotees therefore contend before this Court that in view of the fact that a select list to fill in the vacancies in the cadre of Deputy Conservator of Forests was already prepared the same was submitted to Gujarat Public Service Commission for its approval on 26/06/1990 and the same was approved by the Gujarat Public Service Commission on 19/07/1990. The promotees contend that from said select list which is even approved by the Gujarat Public Service Commission promotion should be given to the persons whose names are included in the select list to the cadre of Deputy Conservator of Forest and since such candidates who are selected are not being promoted they have rushed to this Court for appropriate direction to the respondent-authorities to operate the select list and to give appointment to the candidates whose names found place in the select list.