STATE OF ASSAM Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This appeal is by the State of Assam represented by the Secretary & Commissioner, Government of Assam, Department of Forest, against the judgment and order made by the Central Administrative Tribunal, Guwahati in Original Application No. 141 of 1996, made on 2nd April, 11997, for the grounds urged in the appeal.

(2.) A few facts which are necessary for the disposal of the appeal are as follows:- (1) Mr. Prantosh Roy, (2) Mr. Raj Pal Singh and (3) Mr. KSPV Pavan Kumar, the respondents 2, 3 and 4 herein, who had been serving the Department of Forest in Assam on their appointment to the I.F.S.(Indian Forest Service) as Probationers. It is stated that on the completion of the probation, they have made representations to the Government seeking for the benefit of Rule 6A of the Indian Forest Service (Recruitment) Rules, 1966 (hereinafter referred to as the Rules, 1966), in thar they wanted to get the benefit of senior time scale of pay as IPS Officers on par with others, It is alleged that some of the Officers working then were able to get the benefit of Rule 6A without passing the departmental examination as prescribed under sub-rule (3) of Rule 6A of the Rules. It is further stated that there was no consideration of the representation and thus they were driven to the Central Administrative Tribunal seeking for relief. However, the learned Tribunal after tearing learned counsel on both sides allowed the application by the above order and issued the following directions :-

(3.) Aggrieved by this order and direction, the State of Assam, through the Department of Forest, has presented this appeal challenging the correctness and legality of the order under appeal.