The core question arising for consideration in this writ petition is whether he petitioners who were directly selected for recruitment as Range Officers are entitled to claim seniority from the date of their advice or from the date of joining duty after completing the training . The petitioners claim seniority with effect from 21-10-1976, the date of advice. It is contended that respondents 3 to 10 who were directly selected as Forest apprentices are juniors to petitioners since respondents 3 to 10 joined service after the above stated date.

2. Kerala Public Service Commission published Ext.P1 notification on 6-7- 1976 inviting applications for selection as Forest Range Officer from among qualified persons by direct recruitment. Petitioners who had passed B.Tech Degree in Forestry from Calicut University applied for that post . On 21-10-1976, Ext.P2 advice memo was issued informing the petitioners that they had been selected for recruitment as Forest Range Officers subject to Rule 3(c) of the General Rules of the Kerala State and Subordinate Services Rules, 1958, for short, KS&SSR and whatever further checking Government may find it necessary to do so. They were informed that further instructions will be issued to them. Subsequently, Chief Conservator of Forests (Development) issued Ext.P2(a) order on 19-11-1976 directing the petitioners to report for duty before the Conservator of Forests, Northern Circle and Central Circle respectively for practical training on 1-12-1976. Kerala Public Service Commission had published Ext.P3 notification inviting applications from qualified persons for selection to undergo training in the Forest Rangers Course at the Southern Forest Rangers College, Coimbatore.

3. The following were the material averments in the Writ Petition:-

Respondents 3 to 10 were selected for Forest Rangers Course. Ext.P4 is the memorandum issued to the 7th respondent. Respondents 3 to 10 were directed to undergo practical training at Forest Ranges and only thereafter they became qualified to be appointed as Forest Range Officers. Respondents 3 to 10 completed the practical training only on 21-9-1977 and they became eligible to be appointed as Forest Rangers only after that date whereas petitioners were appointed as Forest Rangers as early as on 21-10-1976. According to the petitioners, they were recruited direct to the category of Range Officers under Rule 2(12) of Part I of KS&SSR and their seniority is to be reckoned as provided under Rule 27(c) of Part II of KS&SSR. The specific case put forward by the petitioners is that since they were advised for appointment under Ext.P2 with effect from 21-10-1976, that date has to be taken for determining the seniority in the category. Rule 9A of the Kerala Forest Subordinate Service Service Rules, (for short, KFSSR) deals with appointment of Forest Apprentices and they were included in the 5th category whereas persons like petitioners who were directly recruited as Forest Rangers are included in the first category. A person selected for Forest Apprentice has to undergo Apprentice course for two years and then practical training for one year and hence they have to spend atleast three more years to become eligible to get appointed as Forest Range Officers. Though nine vacancies were notified under Ext.P1, there were only two candidates and hence the Government issued orders on 16-7-1977 stating that those unfilled vacancies can be filled up either by other qualified persons like Forest Apprentices and it was only pursuant to that order, respondents 3 to 10 were given appointment as Forest Range Officers. A provisional seniority list of Forest Range Officers as on 1-1- 1984 was published wherein respondents 3 to 7 were assigned seniority above the petitioners. Second petitioner submitted Ext.P7 objection and first petitioner filed Ext.P8 objection. Second respondent published Ext.P9 final seniority list of Range Officers as on 1-1-1984 without considering the objections