Chandra Gupta, I. F. S. : Secretary, Department Of Forest: Chandra Gupta, I. F. S. vs Secretary, Govt. Of India, Ministry Of Environment And Forests: R. S. Singh: R. S. Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(SC) 896

SUPREME COURT OF INDIA
M.N. VENKATACHALIAH, C.J.I., S. MOHAN AND Dr. A.S. ANAND, JJ.
Chandra Gupta, I.F.S., Appellant v. The Secretary, Govt. of India, Ministry of Environment and Forests and others, Respondents
Civil Appeals Nos. 5996 with 5997 of 1994 and 5998-6000 of 1993 (arising out of S.L.P. (C) Nos. 16531 with 16718 of 1992 and 1264-66 of 1993)
Decided on 12-9-1994.
WITH
Canara Bank and others, Appellants
Versus
R. Jambunathan and others, Respondents.
AND
State Bank of India and others, Appellants
Versus
State Bank Staff Union, Respondents.
Advocates appeared
Mr. V. R. Reddy, Addl. Solicitor General, Mr. Gobinda Mukhoty, Mr. P. P. Rao, Sr. Advocates, Mr. Sunil Gupta, (Mr. K. J. John, Advocate, for Swarup John and Co.) Mr. A. K. Srivastava, Mr. Sanjay Parikh, Mr. Pramod Dayal, Ms. Sushma Suri, Mr. C. Ramesh, Mr. Rajat Kishan, Mr. Shakil Ahmed Syed, Advocates, with them, for Appearing Parties.
* From judgement and order of Central Administrative Tribunal, Lucknow, in R.O.A. No. 170 of 1992, Dated 15-9-92 and in O.A. No. 617 of 1992, Dated 21-11-92, 27-11-92 and 2-12-1992.

Advocates:
A.K.SRIVASTAVA, C.RAMESH, GOBINDA MUKHOTY, K.J.JOHN, P.P.Rao, PRAMOD DAYAL, RAJAT KISHAN, Sanjay Parikh, SHAKEEL AHMAD SYED, SUNIL GUPTA, SUSHMA SURI, SVARUP JOHN, V.R.REDDY

Headnote:
All India Services Act, 1951 - Section 2(a) - Section 115, sub-section (7) - Administrative Tribunals Act, 1985 - Section 21 - Department of Forest - Chief Conservator of Forests - Civil Appeal has been preferred by Chandra Gupta and Civil Appeal arising has been preferred by Secretary, Department of Forest - These appeals challenge correctness of judgment of Central Administrative Tribunal - Civil Appeals preferred by Chandra Gupta are directed against interlocutory - Parties will be referred to as arrayed in Civil Appeal - Indian Forest Service is an All India Service - Appointments to Indian Forest Service are made by Central Government - Respondent No. 3, respondent no. 4 and respondent No. 5 were selected - Consequent to their selection they were promoted to grade of Additional Chief Conservator of Forests - Inter se seniority of officers appointed by various methods to Indian Forest Service is determined by orders issued by Central Government under provisions of Indian Forest Service in Uttar Pradesh Cadre of Indian Forest Service – Held, Appellant wanted restoration of seniority over respondents 3 to 5 - That necessitated respondents 3 to 5 to challenge orders by which adverse remarks against appellant had been expunged and consequential promotion made under the order Pending that O.A. three interim orders have been passed - Order directing State Government to produce DPC record for making selection for post of Principal Chief Conservator of Forests and records pertaining to expunction of adverse entry of appellant - Order directing that appellant shall not be given or take charge of office of Principal Chief Conservator of Forests to permit State Government to give charge to any person in case it is required - Order directing earlier interim order to continue - That order is significant because it opens with words "A case has been heard in part" - Thus, it is beyond doubt that Tribunal is in seisin of matter - No doubt, rival contentions are raised on - Appeal Dismissed.

JUDGMENT

MOHAN, J.:- Leave granted.

2. All these cases can be dealt with under a common judgment.

3. Civil Appeal arising out of SLP(C) No. 16531 of 1992 has been preferred by Chandra Gupta and Civil Appeal arising out of SLP (C) No. 16718 of 1992 has been preferred by the Secretary, Department of Forest. These appeals challenge the correctness of the judgment of Central Administrative Tribunal, Lucknow in O.A. No. 170 of 1992 dated 15-9-92 (as amended on 18-9-92). Civil Appeals arising out of SLP(C) Nos. 1264-66 of 1992 preferred by Chandra Gupta are directed against the interlocutory orders dated 21-11-92, 27-11-92 and 21-2-92. (2-12-92?). The parties will be referred to as arrayed in Civil Appeal arising out of SLP(C) No. 16531 of 1992.

4. The Indian Forest Service is an All India Service. It is constituted under Section 2(a) of the All India Services Act, 1951. The appointments to the Indian Forest Service (Recruitment) are made by the Central Government under Rule 4 of 1996 (hereinafter referred to as the Recruitment Rules). Inter se seniority of the officers appointed by the various methods to the Indian Forest Service is determined by the orders issued by the Central Government under the provisions of Indian Forest Service (Regulation of Seniority) Rules of 1968 (for short Seniority Rules) in the Uttar Pradesh Cadre of Indian Forest Service, the following grades are available for promotions of the officers:

S. No. Grade Scale of pay (Rupees)

1. Asst. Conservator of Forests (Junior Scale) 2200-4000

2. Dy. Conservator of Forests (Senior Time Scale) 3700-4500

3. Dy. Conservator of Forest (Senior Scale - Junior Administrative Grade) 3700-5000

4. Dy. Conservative of Forests (Senior Scale - Selection Grade) 4100-5800

5. Conservator of Forests (Super Time Scale) 4500-5700

6. Chief Conservator of Forests (Super Time Scale) 5900-6700

7. Principal Chief Conservator of Forest (above Super Time Scale) 7600 (Fixed)

5. Previously, the post of Chief Conservator of Forest was divided into two categories, namely, 1. Additional Chief Conservator of Forests and 2. Chief Conservator of Forests. Both these posts were borne on the super-time scale of Rs. 5900-6700. However, with effect from 31st of May, 1990 both these posts were redesignated and merged into the category of Chief Conservator of Forests. On the appointment of an officer to the Indian Forest Service by the Central Government under Rule 4(a) of the Recruitment Rules his promotion to the various grades within the State is done by the State Government. While doing so, the State Government must have regard to the statutory Rules and the administrative instructions issued by the Central Government, from time to time. Particularly, regard must be had to Rule 3(3) of the Indian Forest Service (Pay Rules). This is because the Rule lays down the mode of selection to the grade of senior scale/selection grade. That Rule prescribes selection on merit with due regard to seniority. The Government of India have also issued certain guidelines on 31st January, 1985 to regulate the manner of effecting promotions.

6. The provisions of Seniority Rules are independent of the various grades of posts to which officers of the Indian Forest Service are appointed from time to time. Rule 5 requires the preparation of the gradation list of State cadre as well as joint cadre of all the officers borne in that cadre and arrayed in the order of seniority. The officers involved in these cases are all India Forest Service Officers of Uttar Pradesh cadre. Their years of allotment of inter se placement in the cadre is as follows:

S. No. Party Year of allotment/ order of seniority

S/Shri

1. Chandra Gupta Appellant 1963 1/2

2. R.S. Singh Respondent No.3 1963 1/2

3. J.N. Srivastava Respondent No. 6 1963 1/2

4. K.S. Bhaduria Respondent No. 4 1964

5. K.C. Thapliyal Respondent No. 5 1964

7. In August 1988, for promotion to the grade of Additional Chief Conservator of Forests selections were conducted. In the said select