Seniority of foresters appointed under Rehabilitation Assistance Scheme is determined from training date, upholding compliance with existing rules and rejecting retrospective claims based on merger as VFWs.

JUDGMENT :

MURAHARI SRI RAMAN, J.

1. Questioning the propriety and legality of decision vide Forest and Environment Department Letter No.FE-FE3- 0165-2017—7420/F&E, dated 13.04.2017 (Annexure-6) fixing seniority of Foresters appointed under the provisions of the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 (for short "RA Rules") from the date of their joining in the Training or in the Division, whichever is earlier, for their entitlement to get all promotional as also pecuniary benefits, the petitioner had approached the Odisha Administrative Tribunal, Bhubaneswar by way of filing Original Application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.1225 of 2017, with a prayer to direct the opposite party Nos. 1 and 2 to rectify not only the Gradation/Seniority List-cum-Disposition List of Foresters vide Memo No.20855/2F(NG)- 184/2015, dated 08.11.2016 (Annexure-4) but also the Revised Gradation List of Foresters vide Memo No.14814/2F(NG)-53/2017, dated 24.06.2017 (Annexure-7) issued from the State Forest Headquarters, Odisha, Office of the Principal Chief Conservator of Forests.

1.1. In the Original Application the petitioners prayed for grant of following relief(s):

“(a) To quash the order under Annexure-6 and direct the Respondent Nos.1 and 2 to correct Annexures-4 and 7 by placing the applicants along with other similarly situated Foresters above the Respondents in the interest of justice;

(b) Pass any other order /orders as deem fit and proper in the interest of justice.”

1.2. After abolition of the Odisha Administrative Tribunal by virtue of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification F. No. A-11014/10/2015-AT [G.S.R.552(E).], dated 2nd August, 2019), the said case having been transferred to this Court, O.A. No. 1225 of 2017 has been re-registered as WPC (OA) No.1225 of 2017.

Facts:

2. All the petitioners/applicants initially entered into Government service as Village Forest Workers ("VFW" for short) during the period from 1984 to 1990. Government of Odisha in Forest and Environment Department in exercise of power conferred by the proviso to Article 309 of Constitution of India amended the Odisha Sub-ordinate Forest Service (Method of Recruitment and Conditions of Service Foresters) Rules, 1998 by virtue of the Odisha Sub-ordinate Forest Service (Method of Recruitment and Conditions of Service Foresters) Amendment Rules, 2009 vide Notification No.2F(F)-40/04— 2330/F&E, dated 10.02.2009. [After amendment in 2009, the provisions of Rule 12 of the Odisha Sub-ordinate Forest Service (Method of Recruitment and Conditions of Service of Foresters) Rules, 1998 stand thus: “*[4. Method of Recruitment.— Recruitment to the post of Foresters in the Division Office shall be made by the Selection Board: (a) by way of redesignation and merger of the existing Cadre of Village Forest Wokers (VFWs) as one-time arrangement and the VFWs so merged shall not be treated as direct recruits or promotees to the Cadre of Foresters; and (b) After such merger as is referred to in Clause (a)— (i) by direct recruitment to the extent of 50% through competitive examinatio