ARUN KUMAR DEB Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India the petitioners are challenging the Government of India Notification dated October 19, 1971 and the Government of West Bengal Notification dated May 17, 1972 asking for a writ in the nature, of Mandamus directing the respondents to make fresh recruitment to the Indian Forest Service upon considering the petitioners cases strictly in accordance with the Indian Forest Service (Initial Recruitment) Regulations, 1966. The question involved is toe initial recruitment to the Indian Forest Service which was included in All India Services. There after on the question of initial recruitment the first Selection was struck down by the Supreme Court in Kraipak' case reported in AIR 1970 SC 150. Thereafter a fresh selection was made in 1971, so far as West Bengal Cadre is concerned. This Rule is directed against such initial recruitment.

(2.) THE case of the petitioners is that the petitioners and the preformed respondent no. 49 were appointed as Forest Rangers and then promoted in the State Forest service, the particulars of which are given in the petition. The preformed respondent No. 49 has retired from service on 24th August, 1975. Prior to 1935 there were two Gazetted Forest Services in West Bengal, i. e. (a) Imperial Forest Service and (b) Provincial Forest Service. Under the government of India Act, 1935 a new Provincial Forest Service was constituted in Bengal in 1940 in place of Provincial Forest Service (old) and this new Service was called as Bengal Forest Service (New ). It is stated that during the period from 1940 Ho 1951 the Bengal Forest Service was redesign Ted firstly as Bengal Senior Forest Service and after Independence as West Bengal Senior Forest Service. In 1951 a new service called the West Bengal Junior Forest Service was created only by promotion from Forest Ranger. Promotion from West Bengal Junior Forest Service to West Bengal Senior Forest Service was not allowed. In 1966 by virtue of section 3 (1) of the All India Services Act, 1951 the Indian Forest Service was introduced. Under Rule 3 of the Indian Forest Service Recruitment Rules it has been provided that the Indian Forest Service shall consist of the following persons:- (a) Members of the State Forest Service recruited to the Service at its initial constitution in accordance With the provisions of Rule 4 (1) and (b) persons recruited to the Service in accordance with the provision of sub-rule (2) to (4) of Rule 4.

(3.) RULE 4 (1) of the Union Forest Service (Recruitment) Rule, 1966 provides as follows :