R.R.S. CHOUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this appeal from the judgment dated August 9, 1988 passed by the Central Administrative Tribunal, Jabalpur Bench, Madhya Pradesh [hereinafter referred to as 'the Tribunal'] the question that arises for consideration is whether for the purpose of determination of seniority of the appellants in the Indian Forest Service [hereinafter referred to as 'the Service'] the period of their officiation on the post of Officer on Special Duty [O.S.D.] in the State of Madhya Pradesh since 1977 till the date of their appointment to the Service should be taken into account.

(2.) APPELLANTS Nos. 1 to 9 were selected for appointment to the post of Assistant Conservator of Forests in the Superior Forest Service of the State of Madhya Pradesh in the year 1964. After completion of their training at the Indian Forest College, Dehradun they were appointed as Assistant Conservator of Forests in the year 1966. Appellants Nos. 10 to 12 were selected for such training in 1965 and on completion of their training they were appointed as Assistant Conservator of forests in 1967. They were all confirmed on the post of Assistant Conservator of Forests with effect from October 1, 1968. In the year 1966 the Service was constituted under the All India Services Act, 1951. The Service is governed by various rules and regulations, including the Indian Forest Service (Cadre) Rules, 1966 [hereinafter referred to as the Cadre Rules], the Indian Forest Service (Recruitment) Rules, the Indian Forest Service (Appointment by promotion) Regulations, 1966 [hereinafter referred to as 'the Appointment by Promotion Regulations'], the Indian Forest Service (Regulation of Seniority) Rules, 1968 [hereinafter referred to as 'the Seniority Rules'], made by the Central Government. The provisions, in these rules and Regulations are substantially the same as those contained in similar rules and regulations governing the Indian Administrative Service and the Indian Police Service.

(3.) SINCE the main question relates to seniority, a reference may be made to the relevant provisions contained in the Seniority Rules. Rule 3 of the Seniority Rules provides for assignment of year of allotment. The relevant parts of the said Rule are as under : -