SARDAR BALJITSINGH JOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of india, the petitioners, who are members of the Indian Forest Service, presently posted at Indore, seek a direction about their initial recruitment to the Indian Forest Service, keeping in view the Indian Forest Service (Recruitment) Rules, 1966, the Indian Forest Service (Appointment by promotions) Regulations, 1966, and the Indian Forest Service (Initial Recruitment) Regulations, 1966.

(2.) THE respondent No. 1, the Union of India, admits that the petitioners were eligible on 1-7-1966 for consideration, and inclusion of their names at the initial recruitment stage, in view of the Initial Recruitment regulations, 1966. The Union of India also admits that in order to make selections from amongst the eligible State-Forest Service-officers, special selection Board was constituted by the Central Government under Regulation 3 of the Initial Recruitment Regulations. On approval of the Selection Board's recommendations by the Union Service Commission, as required under Regulation 5 of the Initial Recruitment Regulations, the officers were appointed with effect from 1st October, 1966, subject to the availability of vacancies in the State Cadre concerned.

(3.) INDIAN Forest Service was constituted with effect from 1st July, 1966, in pursuance to section 2'a' of the All India Services Act, 1951. The indian Forest Service (Recruitment) Rules, 1966, The Indian Forest Service (Initial Recruitment) Regulations, 1966, Indian Forest Service (Appointment by Promotion) Regulations, 1966, were initially framed and later on in 1968, Indian Forest Service (Regulation of Seniority) Rules, 1968, regulating the recruitment and other conditions of service of the members of the Indian Forest Service were made by the Central Government in consultation with the State Government and the Union Public service Commission in exercise of its powers conferred by section 3 of the all India Services Act, 1951. Apart from the rules, referred to above, there have been numerous notifications and amendments to the rules. It appears from the record, that much chaos and confusion prevailed in the matter of implementation of these rules, leading to number of writ petitions before different State High Courts and even before the Supreme Court. The judgments delivered therein again necessitated fresh preparation of lists of eligible candidates, amendment in rules, and issuance of notifications to meet exigencies. It is not merely the petitioners' grievance, but also a grim reality emerging from the return of the Union of India, as is evidenced by paras 4, 5 and 6 of the return, filed by the Union of India.