UNION OF INDIA Vs. IBOBI SINGH

JUDGEMENT

(1.) The petitioner herein, the Union of India, through its Secretary, Ministry of Environment and Forests, has challenged the judgment and orders dated 21.1.2000 and 22.1.2001 passed by the learned Central Administrative Tribunal, Gauhati Bench, in OA 15/95 and RA 15/99 thereby directing that the year of allotment of the respondent/applicant be computed earlier than 1986 and further he be granted the benefit of the promotion quota after working out the deputation reserve posts in the concerned cadre.

(2.) We have heard Mr. C. Choudhury, Sr. CGSC, for the petitioner and Mr. B. K. Sharma, senior counsel assisted by Mr. H.R Das for the respondents.

(3.) A brief sketch of the relevant facts would be necessary. The respondent/applicant was appointed as Assistant Conservator of Forest in the State Forest Service of Manipur on 2.5.78 and was thereafter confirmed in the said post with effect from 2.5.80. He became eligible for promotion to the IFS with effect from 1.1.85 under the Indian Forest Service (Appointment by Promotion) Regulation, 1966, on having completed eight years of continuous service in the substantive capacity in the State Forest Service. He was given officiating appointment as Deputy Chief Conservator of Forest against IFS cadre post with effect from 4.9.86 and he continued to hold the cadre post under Rule 9 of Indian Forest Service (Cadre) Rules, 1966. The officiation of the respondent/applicant in the cadre post was duly approved by the Central Government and the Union Public Service Commission for the period 4.8.96 to 30.6.89. The Government of Manipur, however, approved his officiating'appointment with effect from 4.9.86 to 31.3.89. The further case of the respondent/applicant is that no meeting of the Selection Committee for the Manipur part of the Manipur-Tripura cadre was held in time as prescribed to consider the cases of the eligible candidates of the State Forest Service Officers for appointment to the IFS by promotion in terms of Regulation(5) of the Indian Forest Service (Appointment by promotion) Regulations, 1966. The triennial review of the cadre strength as required under the Indian Forest Service (Cadre) Rules, 1966 and the Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966, for Manipur, Tripura was also due in the year 1988. The last triennial cadre review for the Manipur-Tripura cadre was done on 29.3.85 fixing the number of senior scale posts in the Manipur Cadre at 19. The next Cadre review was due after three years on 29.3.88 in terms of Rule 4(2) of the Indian Forest Service(Cadre) Rules, 1966. But it was not done inspite of the fact that a proposal to the said effect had already been submitted to the Government of India, Ministry of Environment and Forest on 7.4.87 vide Government of Manipur, Department of Personnel letter No. 2/14/29-IFS/DP, dated 7.4.87. It was only on 22.11.90, the triennial review was done vide notification dated 22.11.90, i.e., after a lapse of five years and eight months from the last review in the year, 1985. By the said cadre review the total number of senior scale posts in the Manipur part of the cadre was raised to 23 resulting in addition of two senior scale posts for promotion to the IFS.