O VENKAT RAMAN REDDY Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) THE Union Public Service Commission had called for the applications for appointment of Assistant Conservator of Forests, in the Department of Forest, Government of Goa. The petitioner applied for the post and he was interviewed in June, 1981. By order dated 27-6-1981, which order was issued by the Union Public Service Commission, the petitioner was selected and recommended for the appointment to the post of Assistant Conservator of Forests, as evidenced by Exhibit A". By order dated 21-8-1981, Government of Goa, Daman and Diu offered appointment to the petitioner to the post of Assistant Conservator of Forests, of course, after successful completion of the training for which he was deputed on payment of stipend. The said order also stipulated that after successful completion of the training, he would be appointed in the Forest Department of Goa, in the pay scale of Rs. 650-30-740-35-810-EB-35-880-40-1000-EB-40-1200. It was also mentioned therein that the other conditions of the service will be governed by the relevant Rules and Orders issued from time to time. It may be mentioned here that the Rules which were in force at the time of petitioners appointment, are called "goa, Daman and Diu Government Assistant Conservator of Forests (Sub-Divisional Forest Officer), Gazetted Posts Recruitment Rules, 1966". These Rules came into force since 24-12-1966, which for convenience sake hereinafter called as the "old Rules". The educational qualifications prescribed for the candidates for the selection as Assistant Conservator of Forests was Diploma of Forest Rangers Training from Forest Rangers College in India or equivalent. It was also mentioned in Column 7, which prescribed that the essential qualifications for the post of Assistant Conservator of Forests is that the candidates selected for the training will be required to pass at least a Bachelors Degree in Natural Science, Mathematics, Statistics, Geology, Mechanical Engineering, Civil or Chemical Engineering or Agriculture of a recognised University or equivalent qualifications. While these Rules were in force that the petitioner was selected and sent for training by the State Government. The petitioners training started in November, 1981 and was completed in October, 1983.

(2.) IT may be mentioned here that as early as 1981 as spelt out from the letter of Ministry of Agriculture, Government of India dated 19-6-1981, as evidenced by Exhibit C, addressed to the Secretary, All States/union Territories, Forest Department a proposal was mooted that the training period of those candidates selected by the Government and sent for training for appointment of the respective posts of the Forest Department, should be treated as in service trainees. Government of India has made it clear in that letter that the said proposal has been initiated on the basis of the various representations of some of the S. F. S. and Forest Rangers trainees of all over India. Government of India, therefore, called upon the States/union Territories to examine the question of inclusion of the period of their training in service. As we have pointed out earlier, the petitioner completed his training in October, 1983 and he was actually appointed as per order dated 9-1-1984, appointing him as an Assistant Conservator of Forests with effect from 22-11-1983. In the meantime, old Rules were superseded by Government of Goa and in its place new Rules were framed under the Proviso to Article 309 of the Constitution of India with effect from 6-8-1982. Rules 7,8 and 9 of the new Rules, read as follows:

(3.) BEFORE going to that contentious issue, it is necessary that some more intervening facts are to be considered here. The petitioner was confirmed in the service as Assistant Conservator of Forests with effect from 11-3-1991. In the meantime, a tentative seniority list of A. C. F. (inter se between the promotees and the direct recruites) was issued by the Government on 19-9-1989, wherein the petitioner was placed at Sr. No. 6 and one Mr. M. A. Desai at Sr. No. 7 (respondent No. 2 ). The tentative seniority list was finalised as per Govt. letter dated 4-7-1991, evidenced by Exhibit G, wherein the petitioner was placed at Sr. No. 3 and respondent No. 2 was placed at Serial No. 4. Though the petitioner was shown as senior to respondent No. 2, his regular service to the post of Assistant Conservator of Forests was reckoned only form 22-11-1983. That means, the period spent by the petitioner for the training has been excluded from reckoning his service. Meanwhile, correspondence was going on between the Government of India and State Government as to the question of inclusion of the training period as service of the candidates, who were recruited before coming into force of the new Rules. By letter dated 28-3-1985, as evidenced by Exhibit O, Government of Goa requested the Central Government to treat the training period of the candidates, like the petitioner, as in-service under the provisions of F. R. 9 (6 ). To this letter of the State of Government , Government of India by letter dated 12-5-1987, as evidenced by Exhibit K-Colly informed that such candidates are not entitled for the salary for the training period, but the same will be taken into account for computing the eligibility for induction into the Indian Forests Service. The petitioners request for payment of salary and consideration of the training period as in-service was rejected by the Government of Goa. However, he has been told that the training period will be computed for Indian Forest Service.