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AJAY RASTOGI, ABHAY S. OKA
Union of India, through the Secretary Ministry of Environment and Forest – Appellant
Versus
Trilok S. Bhandari – Respondent
JUDGMENT :
AJAY RASTOGI, J.
1. Leave granted.
2. The instant appeal is directed against the judgment and order dated 14th November, 2006 passed by the High Court of Uttarakhand directing the present appellant to adjust the original petitioner-1st respondent and other persons like him who were earlier promoted in the cadre of Indian Forest Service (hereinafter being referred to as the “IFS”) in the year 1996 against the notional vacancies and consequential pensionary benefits keeping in view the judgment of this Court in Union of India and Others vs. Vipinchandra Hiralal Shah, 1996 (6) SCC 721.
3. The facts in brief which are relevant for the present purpose are that the 1st respondent was the member of State Forest Service of UP Cadre and after clubbing of the earlier year vacancies of 1984-96, promotions were made to the IFS cadre with effect from 6th September, 1996 by an Order dated 16th September, 1996 that came to be challenged by filing of an original application before the Central Administrative Tribunal (hereinafter being referred to as the “Tribunal”) on the premise that clubbing of vacancies is not permissible and it is in violation of Regulation 5 of the IFS (Appointment by
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Administrative delay cannot defeat retired officers' matured Selection Grade claims based on departmental vacancy recommendations.
Officers are entitled to Senior Time Scale upon completing four years of service, irrespective of passing departmental exams; their substantive rights are protected.
Promotional decisions in public service must prioritize merit, with courts reluctant to interfere in expert committees' selections unless substantial biases or illegality are evident.
Seniority depression for delayed joining on own request upheld per rules; claims barred by delay, non-joinder; no parity with dissimilar cases; statutory rules govern over equity claims.
Notional service from delayed appointment due to State error counts for IPS promotion eligibility via Rule 3 relaxation of 8-year requirement; mechanical rejection quashed, mandating Review Committee....
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