STATE OF U P Vs. JAGAT NARAIN

JUDGEMENT

(1.) These two appears have been filed against the judgment and decree dated 22.12.1978 passed by First Additional District Judge, Etawah in Original Suit No. 58 of of 1977 (Jagat Narain v. State of U..P. and Ors.). The plaintiff- respondent, Jagat Narain has also filed cross objection against the judgment and decree dated 22.12.1978 praying for modification of judgment and decree and further to decree the suit in toto with interest throughout.

(2.) Sri Manoj Kumar, learned Additional Standing Counsel has appeared for Union of India, Sri J.N. Maurya, learned Standing Counsel has appeared for the State of U.P. and Sri S.P. Gupta, Senior Advocate, assisted by Sri Anoop Kumar Srivastava, Advocate has appeared for plaintiff- respondent, Jagat Narain.

(3.) Brief facts giving rise to these appeals and cross objections are; the plaintiff, Jagat Narain, was appointed on 1st April, 1954 in Uttar Pradesh State Forest Service as Assistant Conservator of Forests. From 13th November, 1961, the plaintiff was given posting as Deputy Conservator of Forest, The Indian Forest Service (hereinafter referred to as I.F.S)was constituted with effect from 1st October, 1966 under Section 2-A of the All India Services Act, 1951. Sixty-three posts of Deputy Conservator of Forests of U.P. Service were encadered in I.F.S. With effect from 1st October, 1966 the plaintiff started officiating against the cadre post. In 1966-67 initial recruitment in the I.F.S. in accordance with I.F.S. (Recruitment) Rules, 1966 (hereinafter referred to as Recruitment Rules, 1966) was held in which the plaintiff was not selected. In all 85 persons were appointed in pursuance of initial recruitment. The initial recruitment was challenged in this Court by filing Writ Petition No. 1586 of 1968 which was allowed on 11.12.1970 quashing the initial recruitment. The plaintiff was selected by promotion in Indian Forest Service with effect from 17.5.1969 and was also confirmed. On 1st March, 1971 Sub-rule 3-A was added to Rule 4(1) of Recruitment Rules, 1966 to enable the Central Government to make fresh recruitment under Sub-rule (1) of Rule 4 and to give effect to such fresh recruitment from the same date on which the appointments were declared to be invalid. The selection committee was constituted to make fresh initial recruitment. Challenging the validity of Sub-rule 3-A added in Recruitment Rules, 1966 writ petition was filed by the plaintiff being Writ Petition No. 1179 of 1972 in this Court. Initially an interim order was granted staying the finalisation of the recruitment but subsequently the writ petition was dismissed on 1st February, 1974 on statement made by the learned Advocate General that the Government does not propose to disturb the promotion already made in 1969 including the promotion of the plaintiff as result of the recruitment which they propose to hold under the amended Rules. In March, 1974 initial recruitment was finalised. The plaintiff being eligible was also considered in the initial recruitment but his name was not notified. The plaintiff was asked by the Central Government to give unconditional option for initial recruitment. The plaintiff after certain correspondence gave his unconditional option vide letter dated 19th June, 1976. After receiving the plaintiff's unconditional option for being included in the initial recruitment by a notification dated 28th October, 1976 the plaintiff's name was deleted from list of promoted officers in the I.F.S. and he was included in the initial recruit in the I.F.S. with effect from 1st October, 1966. On 19th February, 1977 the plaintiff's pay was fixed as initial recruit by A.G., UP. The plaintiff filed suit on 13th October, 1977 being Suit No. 58 of 1977 after giving notice under Section 80 C.P.C. In the suit plaintiff claimed following relief: (A) That on facts stated above, consequent to the declaration that the fixation of pay by the defendants is based on wrong facts and is illegal and ultra- vires, the defendants be directed through defendant No. 4 to fix the pay of the plaintiff: (a) From 1.10.66 to 31.3.67 @ 980/- P.M. as against Rs. 800/- p.m. fixed by A.G., U.P. defendant No. 4. (b) From 1.4.67 to 31.3.68 @1060/- p.m. as against Rs. 850/- p.m. fixed by A.G., U.P. defendant No. 4. (c) From 1.4.68 to 31.3.69 @1100/- p.m. as against Rs. 900/- p.m. fixed by A.G., U.P. defendant No. 4. (d) From 1.4.69 to 16.5.69 @1150/- p.m. as against Rs. 950/- p.m. fixed by A.G., U.P. Defendant No. 4 and to pay interest on arrears @ 10% per annum. (B) That as stated above, the defendants be directed to appoint the plaintiff as Conservator of Forests w.e.f. 17.5.69, Addl. Chief Conservator of Forests w.e.f. March, 1971 and Chief Conservator of Forests w.e.f. May, 1972 and to fix his pay and emoluments accordingly in consequence thereof. (C) That the defendants be directed to fix the seniority of the plaintiff above all officers selected and appointed after 17.5.1969 the date of his appointment to I.F.S. and to grant all other consequential benefits and emoluments along with interest @ 10% per annum. (D) That the costs of the suit be awarded. (E) That any other relief beneficial to be plaintiff in the circumstances of the case be also awarded