K N PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, the petitioners in Special Civil Application No.449/1994 have preferred the present Appeal under Clause 15 of the Letters Patent against the common judgment and order dated 27th October, 1999 passed by the learned Single Judge in so far as the Special Civil Application No.449/1994 is dismissed.

(2.) The dispute relates to the interse seniority amongst two batches of the Range Forest Officers. The appellants are the Rangers (redesignated as Range Forest Officers) recruited in the year 1980 and appointed as such in the month of March, 1981. The other set of Rangers, the respondents Nos.3 to 6 (hereinafter referred to as, ?the contesting respondents?) were selected in the year 1979 and were appointed as such in the month of April, 1981. Since their appointment the appellants were considered senior to the contesting respondents. However, in the seniority list as on 1st January, 1991 published on 3rd February, 1994, the contesting respondents were placed above the appellants. This was done pursuant to the instructions issued by the State Government on 29th September, 1993. By the said instructions dated 29th September, 1993, the Principal Chief Conservator of Forests was directed to place the contesting respondents above the appellants in the matter of seniority of Range Forest Officers. Feeling aggrieved, the appellants had preferred the above Special Civil Application No.449/1994 which has come to be dismissed by the learned Single Judge. The learned Single Judge has held that the impugned instructions were issued by the State Government on the sound principle of seniority and has upheld the same.

(3.) The rules relevant for the purpose of deciding this Appeal are : (1) The Rangers (Subordinate Forest Service) Recruitment Rules, 1969 (hereinafter referred to as, ?the Rules of 1969?); (2) the Rangers (Subordinate Forest Service Recruitment Examination) Rules, 1974 (hereinafter referred to as, ?the Rules of 1974?); and (3) the Rangers (Subordinate Forest Service Recruitment Examination Amendment) Rules, 1979 (hereinafter referred to as, ?the Rules of 1979?).