Forest Range Officers are not part of the State Forest Service under the Indian Forest Service Recruitment Rules due to the absence of required Central Government approval for promotion eligibility.

JUDGMENT :

(Ravi Nath Tilhari, J.)

Heard Sri Subrahmanyam Sriram, learned Advocate General, assisted by Sri G. V. S. Kishore Kumar, leaned Government Pleader for Services-I and Sri B. Adinarayana Rao, learned senior counsel, assisted by Sri A. Rajendrababu, learned counsel for the 1st respondent. No representation for the 2nd respondent-Union of India, so also 4th respondent- B. Vijay Kumar.

2. The petitioners-State of Andhra Pradesh and its authorities have filed this writ petition challenging the Order of the Central Administrative Tribunal, Hyderabad (in short ‘the Tribunal’) for the following relief:

“to issue an appropriate writ or direction more particularly one in the nature of “WRIT OF CERTIORARI” calling for the records relating to the orders of the Hon’ble Central Administrative Tribunal in OA.No.020/00628/2021, dated 12.04.2022 and to set aside the same as holding as erroneous and contrary to law and pass such other order or orders…..”

3. The 1st respondent/Applicant before the Tribunal filed O.A.No.020/00628/2021 before the Central Administrative Tribunal for considering him for promotion to the cadre of Indian Forest Service (IFS) from the category of Forest Range Officer (FRO).

4. The case of the 1st respondent was that he was directly recruited as Forest Range Officer in May 2006 and was thereafter promoted as Assistant Conservator of Forests (ACF) in August 2020. His next promotional post is Deputy Conservator of Forests (DCF). The grievance raised was that the respondents in O.A, the petitioners herein, were not considering the 1st respondent's claim for promotion to Indian Forest Service, though the rules and regulations provide for consideration of appointment of Forest Range Officer's cadre Officers to Indian Forest Service on promotion, and the 1st respondent was eligible for such consideration, and thereby, the denial of such consideration was violative of the fundamental right under Articles 14 and 16 of the Constitution of India.

5. The present petitioners filed reply in O.A. The Union Public Service Commission and the Union of India also filed reply. Their stand inter alia was that the service records of the Officers of the State Forest Service (SFS) are maintained by the State Government and the eligibility of State Forest Service Officers comes under the purview of the State Government. Their further stand was that the post of Forest Range Officer was declared as gazetted post, but Forest Range Officer cannot be automatically considered for promotion to Indian Forest Service, and only the Officers belonging to the cadre of Assistant Conservator of Forests/Deputy Conservator of Forests are to be included in the zone of consideration as per seniority. Their stand was that though the Forest Range Officer belongs to the gazetted category, but cannot be considered for appointment by promotion to Indian Forest Service. As per Andhra Pradesh Public Employment Order, dated 1975, the Forest Range Officer is a local cadre post in each zone, whereas Assistant Conservator of Forests is a State Cadre post. Their further stand was that as per G.O.Ms.Nos.154 and 159, dated 18.11.1997/08.12.2008 there are separate entrance and training rules for State Forest Service and Forest Range Officers. The Forest Range Officers do not belong to the State Forest Service so as to be considered for Indian Forest Service. In the absence of adequate number of Officers, the vacancies have to be carried forward to the next panel. It was further their stand that the selection for the panel year 2013 was under process and the contingency of number of Assistant Conservator of Forest/Deputy Conservator of Forest Officers to be considered for Indian Forest Service were not less than the number of posts. The posts of Assistant Conservator of Forest/Deputy Conservator of Forest have been included in State Forest Service, but not Forest Range Officers, as per the Indian Forest Service (Recruitment) Rules of 1966 (in short 'the Recruitment Ru