The main legal point established in the judgment is that the seniority of direct recruits to the cadre of Assistant Conservators of Forests is to be determined based on their date of appointment as probationary Assistant Conservator, and the preparation and revision of the seniority list must be conducted in accordance with the rules.

Sreedharan, J.

1. These Writ Appeals arise from the decisions in O.Ps. 5238/87, 1971/87 and 1388/87. Writ Appeal 878/94 is filed by the additional 7th respondent in O. P. 5238/87, while the 4th respondent in O. P. 1971/87 is the appellant in W. A. 1193/1994. He was the 3rd respondent in O.P. 1388/87. Against the judgment in that Original Petition, he has preferred W. A. 1309/94. Since the issues raised in these appeals are the same, we consider it advantageous to dispose of them by a common-judgment.

2. The main issue that is to be tackled by us in these appeals is as to how direct recruits to the cadre of Assistant Conservators of Forests are to be ranked in the seniority list vis-a-vis the promotees from the cadre of Rangers. Qualification and method of appointment to the cadre of Assistant Conservators is provided by the Special Rules governing the Kerala Forest Service. Category 4 in the Special Rules relate to Assistant Conservators. The post is to be filled up by direct recruitment or recruitment by transfer from among Rangers in the Kerala Forest Subordinate Service. The rule further states that so far as qualified and suitable candidates are available, direct recruitment and recruitment by transfer shall be made in the proportion of 3:2. The said rule has a proviso. The proviso states that substantive vacancies alone in the category of Assistant Conservators shall be filled up in accordance with the seniority of approved probationers. The above provision shows that the direct recruitment and recruitment by transfer from among Rangers must be in the ratio of 3:2 and the substantive vacancies in the Cadre of Assistant Conservators can alone be filled up only by approved probationers in that cadre, depending on their seniority. In other words, no officer, who has not been declared as an approved probationer in the cadre of Assistant Conservator, can take a substantive vacancy in that cadre. Putting it differently, no one holding the post of Assistant Conservator, who has not got his probation declared, be placed in any substantive vacancy at any point of time in the said cadre.

3. Even though the said rule underwent an amendment as per G. O. (P) 100/87 dated 16th December, 1987 by substituting two paragraphs by an Explanation, that has not gone to change the legal position materially.

4. R.8 of the Special Rules states that the seniority of a directly recruited Assistant Conservator shall be determined by the date of his appointment as probationary Assistant Conservator. This provision is reiteration of the provision contained in R.27(a) of the Kerala State and Subordinate Services Rules, hereinafter referred to as "the General rules". If such a provision was not incorporated in the Special Rules, a direct recruit would have had the benefit of R.27(c) of the General Rules, under which his seniority will depend upon the date of the effective advice given by the Public Service Commission. By virtue of the specific provision in R.8, a direct recruit to the cadre of Assistant Conservator of Forests can count seniority only with effect from the date of his appointment as Probationary Assistant Conservator.

5. Petitioners in O. P. Nos. 5238/87, 1971/87 and 1388/87 are direct recruits to the cadre of Assistant Conservator of Forests. They were appointed to the post as Probationary Assistant Conservators with effect from 1st May, 1978, 1st May, 1979 and 1st November, 1980 respectively. They approached this Court to have their seniority in the cadre of Assistant Conservators of Forests fixed in accordance with the Special Rules and the General Rules.

6. Before dealing with the facts in this case, we consider it advantageous to examine the relevant provisions of the General Rules relating to this issue. R.2(1) of the General Rules defines "appointed to a service". A person is said to be "appointed to a service", as per this definition, when in accordance with the rules he discharges for the first time duties of a post borne on th