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SUPREME COURT OF INDIA
S.C.Agrawal : Sujata V.Manohar
R.R.S.Chouhan
Versus
Union Of India
Case No. : 68 of 1989
Date of Decision : 3/28/95
Advocates Appeared: Agnihotri S.K. : Agrawal M.C. : Baggar S. : Choudhary Anoop : Gambhir S.K. : Gambhir Vivek : Goswamy N.N. : Jain S.K. : Kumar Sakesh : Mahajan Y.P. : Mukhoty Gobinda : Raghuvir A. : Rao C.V.Subba : Reddy K.Madhava : Sharan A. : Shukla K.N. : Singh Devendra : Singh Uma Nath
All India Services Act, 1951 - appointment to the post of Assistant Conservator of Forests – Employment and Service - 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 Rules, 1966 (hereinafter referred to as "the 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 – Held, IN this court, in the facts of that case, has held that there was a deemed approval by the central government to in the cadre post of the officers belonging to the State Service since the State government had sent a report to the central government and the central government had also asked for consolidated proposal of non-cadre officers on cadre posts. This decision has no application to the present case because no such report was sent by the State government and central government was not even apprised of the appointment of the appellants and, therefore, there is no question of deemed approval of the appellants on a senior post in the Service by the central government - AS pointed out earlier, the appellants were never appointed to a cadre post in the Service and their appointment was on the post of OSD in the State Forest Service. The cases on which reliance has been placed by do not, therefore, lend any support to the case of the appellants - Another contention that has been urged by is that under Rule 4 Cadre Rules it is incumbent on the part of the central government to re-examine the strength and composition of each cadre in consultation with the State government concerned at the interval of three years - It has been pointed out that after the constitution of the Service in the cadre review was due such review was done and thereafter it was done in and no review was done in 1984. The appellants were included in the select list of after review - Tribunal has, therefore, rightly pointed out that the appellants cannot be said to be prejudiced because after such review was done in names of appellants were included in select list of but in spite of such inclusion they could not be appointed. As regards non-revision of the cadre prior the claim of appellants must be held to be belated and was rightly rejected by tribunal – Appeal dismissed
Judgment
S.C. AGRAWAL, J.
(1) IN this appeal from the judgment dated 9/8/1988 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 (OSD) in the State of Madhya Pradesh since 1977 till the date of their appointment to the Service should be taken into account.
(2) APPELLANTS 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 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 1/10/1968. 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, 1966 (hereinafter referred to as "the 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) BY order dated 23/1/1974 the government of Madhya Pradesh abolished 27 posts in the senior pay scale of Rs. 700-1,250 in the cadre of the Service and in their place equal number of temporary posts of Officer on Special Duty (OSD) in the pay scale of Rs 680-1,000-EB-1150 were created in the State Forest Service. In the said order it was stated that "this arrangement would remain effective for a period of one year or up to the time of preparation of select list according to Regulation 5 of the INDIAN FOREIGN SERVICE (Appointment by Promotion) Regulations, whichever is earlier". By order dated 11/7/1975 the said order dated 23/1/1974 was extended for a further period of one year or till the preparation of select list for the promotion to the Service, whichever is earlier, and by another order dated 25/5/1976 it was further extended for a period of one year or till the preparation of select list for the promotion to the Service, whichever is earlier. By orders dated 22/2/1977, 5/3/1977, 21/3/1977 and 22/4/19777 the appellants were promoted on the posts of OSD in the pay scale of Rs. 680-1,150. While they were thus officiating the names of the appellants were included in the select list for the year 1978 prepared by the Selection Committee under the Appointment by Promotion Regulations in December 1977. The said select list contained the names of 67 persons out of which 38 persons were appointed to the Service for the year 1978. Since the appellants were lower down in merit in the said select list they could not be appointed to the Service on the basis of the said select list. The names of the appellants were not contained in the select list for the year 1979 which was prepared on 19-12-1978. The names of some of the appellants were contained in the select list for the year 1980 but the select list of 1981 did not contain the names of any of the appellants. The names of some of the appellants were included in
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