Temporary promotions do not confer rights to probation or further promotions under amended service rules.

JUDGMENT :

P.Krishna Kumar, J.

The respondent was appointed as Forest Guard on 1.9.1994. On 12.7.2011, as per Annexure A1 order, he was temporarily promoted to the Post of Forester, along with another person. It was explicitly stated in the said order that he was promoted purely on a temporary basis and as per the provisions of Rule 31(a)(i) of the Kerala State and Subordinate Service Rules (‘KS & SSR’, for short). It was also clarified in the said order that the appointment was against the vacancies earmarked for direct recruits, and thus, they would be replaced as soon as regular candidates joined duty. It was also stated that they would not be considered probationers in the Forester category and would not get any preferential claim for future promotion merely for the temporary promotion given.

2. On 20.09.2014, the Kerala Forest Subordinate Service (Amendment) Special Rules, 2014 (‘2014 Amendment Rules’, for short) was promulgated for substantially amending the Kerala Forest Subordinate Service Special Rules, 2010 (‘2010 Rules’, for short). It is declared in the said Rules that the amendments would have retrospective effect from 30.08.2010. By the amendment, the post of Forester was renamed as Section Forest Officer. It is also provided that Forest Guards who have successfully completed training in any of the Forest Training Schools and acquired the newly prescribed test qualifications alone would be promoted to the post of Section Forest Officer (Forester).

3. The respondent, temporarily promoted as Section Forest Officer before promulgating the 2014 Amendment Rules, did not possess the test qualification. He also did not undergo the required training. As a result, the department did not declare the probation of the respondent despite the passage of several years. Then the respondent submitted Annexure A2 representation claiming that although the Special Rules [the Special Rules for the Kerala Forest Subordinate Service,1962 (‘1962 Rules’, for short)] governing his initial appointment required the acquisition of a test qualification to complete probation, the said Rule was superseded by the 2010 Rules with effect from 30.08.2010. The 2010 Rules do not require a Forester to acquire test qualification to successfully complete his probation; the respondent submitted.

4. However, on 23.10.2019, as per Annexure A3 order, the Chief Forest Conservator rejected his representation by observing that as per the existing Rule (2010 Rules as amended in 2014), there is no scope for direct recruitment to the post of Forester (Section Forest Officer). Thus, promotion from the feeder category of Forest Guard is the only method of appointment to the said post, for which test qualification and training are required. That is why the present Rule does not demand the above qualification for declaring probation; it was stated in Annexure A3.

5. Challenging the said order, the respondent approached the Kerala Administrative Tribunal. He further urged before the Tribunal that he is entitled to be promoted as Deputy Range Officer after declaring his probation, as he is to be governed by the unamended 2010 Rules, which does not insist that a Forester has to acquire test qualifications for the successful completion of his probation.

6. As per Ext. P4 order, the Tribunal found that the respondent is eligible for declaration of probation and further promotion as Deputy Range Officer, as he is governed by the unamended 2010 Rules. The Government challenges the above-said order by preferring the present original petition.

7. Heard the learned Senior Government Pleader and the learned counsel appearing for the respondent.

8. Sri.A.J.Varghese, the learned Senior Governme