IMPORTANT POINT : : (1) It is only Trained Forester who can be promoted from Forest Range Officer Grade-I to Assistant Conservator of Forest because of training he possesses.
(2) Cadre management is exclusively prerogative of Government and government, as such, has a free hand in matter of managing any cadre of service.

JUDGMENT :

WASIM SADIQ NARGAL, J.

1. The present appeal is arising out of Judgment dated 21st July 2018, passed by learned Single Judge of this Court in SWP No. 1025/2015, along with clubbed petitions, by virtue of which, the writ petitions were allowed and the operative portion of which is reproduced as under: –

“27. Be that at it may, it is held that the private respondents would not have any right of consideration against the 20% quota for the post of Range Officers Grade-I and consequently their names ought not to figure in the said list as contains the Forest Rangers Training Course as in-service candidates. Even when the petitioners have a slightly different route to seek higher promotion, yet there is convergence of interest at the higher levels.

28. Sequel to the above, Circular No.3 of 2013 dated 24.12.2013, to the extent it pertains to the private respondents, along with communication dated 25.10.2013, Forest Order No. 45 of 2015 dated 07.03.2015 and the communication no. FST/Lit/NG/280/2013 dated 17.12.2013, are quashed”.

2. Before proceeding further, it would be apt to give concise factual background of the case with a view to decide the issue in question: –

Facts of the Case: –

(i) That the writ petition came to be preferred by the petitioners (who were appointed as Foresters in the Forest Department), for seeking quashment of Forest Order No. 45 of 2015 dated 07.03.2015, whereby the Tentative List of DDR Foresters has been issued with a view to make promotions of respondent nos.5 to 78 (appellants herein) as Range Officer Grade I, allegedly in violation of the direction passed by the learned Single Judge of this Court in SWP No. 53/2014, on 10th January 2014, filed by the petitioners 2 and 3 and two other persons titled Vijay Khosla and Ors. v. State of J&K and Ors. The petitioners had sought the following reliefs: –

(a) Allow the present writ petition;

(b) Quash Forest Order No. 45 of 2015 dated 07.03.2015, whereby and whereunder the Tentative List of DDR Foresters has been issued with a view to make promotions of respondent no.5 to 78 as Ranger Officer Grade-I, in violation of the direction of the Hon’ble Court passed on 10.01.2014 in SWP No. 53/2014, filed by petitioner nos. 2 & 3 and two other persons titled “Vijay Khosla &Ors. Vs. State of J&K and Ors.;

(c) Quash Communication issued by respondent no.1 under No. FST/Lit/NG/280/2013 dated 17.12.2013, whereby and whereunder, it has been directed that respondent no.2 should finalize the seniority of the private respondents as notified vide Circular no. 03 of 2013 dated 24.12.2013, wherein the names of the private respondents figured at Sr. No. 38 to 115 in the list accompanying the order;

(d) Quash Office Letter No. PCCF/Seniority/DDR/Foresters/992 dated 22.03.2014 as also Officer Letter No. PCCF/NG/Estt./DDR/File No. 474/2976 dated 29.09.2014, issued by respondent no.2, purportedly in the backdrop of SWP No. 53/2014 titled Vijay Khosla &Ors. V. State &Ors. filed by the petitioners No. 2 & 3 and two other persons as also in the back of SWP No. 1486/2013 titled Kuldeep Raj &Ors. V/S State &Ors. with further prayer that the official respondents more particularly respondent no.2 be directed to produce these Communication vide dated 22.03.2014 and other dated 29.09.2014 for scrutiny of the Hon’ble Court, so as to verify whether these Communications/Letter has been issued in pursuance to the orders passed in SWP No. 53/2014 and SWP No. 1486/2013;

(e) Command and direct the respondents not to go ahead with finalization of the tentative seniority list of DDR Trained Foresters as on 01.01.2015 figuring as Annexure-A to Forest Order No. 45 of 2015 dated 07.03.2015;

(f) Command and directing the respondents to consider the case of the petitioners for promotion to the post of Range Officers over and above the private respondents;

(g) Restrain the official respondents from finalizing the Tentative Seniority List of DDR Trained Foresters (as on 01.01.2015), which forms Anne