Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Telangana) 15

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A.RAJASHEKER REDDY, T.VINOD KUMAR, JJ.
K. Shailendra Moses & Others - Appellants
Versus
Shaik Salam & Others - Respondent
WP No.23856 of 2016
Decided on : 06-01-2021

Advocates:
Advocate Appeared:
For the Appellant : Sri D. Prakash Reddy, learned senior counsel for Sri Avinash Desai,
For the Respondent: Sri Govind Reddy Panati, Sri Namavarapu Rajeshwar Rao, Sri P.Suresh Reddy, for Sri Nagam Chandrasekhar Reddy, Sri V. Ravichandran, Sri G. Vidya Sagar, counsel for Sri J. Srinivasa Rao, Sri MV Rama Rao, adv

Point of Law: In service jurisprudence a distinction is made between a "substantive appointment” and an "officiating appointment While substantive appointment confers on the person so appointed a substantive right to the post, an officiating appointment does not confer any such substantive right. The appointment on officiating basis is usually made when the incumbent substantively holding that post is on leave or when the permanent post is vacant and no substantive appointment has yet been ma.de to that post. Such an officiating appointment comes to an end on the return of the incumbent substantively holding the post from leave in the former case or a substantive appointment being made to that permanent post in the latter case. An appointment on officiating basis, is, from the very nature of such employment, itself of a transitory character and, under the ordinary law of master and servant, is terminable at any time, (see: Parshotam Lai Dhingra v. Union of India (AIR 1958 SC 36)”.

Headnote:
Service Law - Indian Forest Service (Appointment by Promotion) Regulations, 1966 - Rule 5 (2) - Andhra Pradesh Forest Service Rules, 1977 - Rule 8 (b) - All India Services Act, 1951 - sub-Section (1) of Section 3 - IFS (Recruitment) Rules - Rule 10 - A.P. Public Service Commission - Cadre - Promotion - Eligibility criteria for appointment by promotion to IFS - Method of recruitment to the service - Recruitment by promotion - Seeking to include their names in select list for being considered for promotion from State Forest Service to Indian Forest Service (IFS) for panel year 2013 under Regulations, 1966 was dismissed - Whether petitioners are in substantive in State Forest Service for being eligible for consideration for promotion to posts of IFS as on the date of relevant year.
Finding of the Court: The words “substantive or officiating” are not defined either under the Special Rules of IFS (Recruitment) Rules or the IFS Regulations 1966 nor it has been pointed out that any definition that has been made is applicable - Government GO, which permitted their appointment as such specifically imposed a condition that they shall not be placed on probation in post of ACFs - With all these drawbacks in store, the petitioners cannot succeed to claim that they be considered as eligible for being empanelled for appointment by promotion to the IFS in the light of their ad-hoc service as officiating service within meaning of Rule 5 (2) of Regulations 1996 and there are substantive courts in State Forest service - Though petitioners have not completed 55 years as on relevant date and were eligible for promotion on this count, but were not in substantive in State Forest Service in cadre of ACFs and not completed eight years of continuous service as such their cases could not be considered for promotion to the posts of IFS - Court do not see any illegality or irregularity in the impugned order passed by the Administrative Tribunal.
Result: Writ petition dismissed.

ORDER :

A. Rajasheker Reddy, J.

1. This writ petition is filed against the order dated 30-05-2016 passed in OA No.021/00986/2015 by the Central Administrative Tribunal, Hyderabad Bench whereby and whereunder the OA filed by the writ petitioners seeking to include their names in the select list for being considered for promotion from State Forest Service to Indian Forest Service (IFS) for the panel year 2013 under Indian Forest Service (Appointment by Promotion) Regulations, 1966 (for short, “the IFS Regulations 1966”) was dismissed.

2. In nutshell, the case of the petitioners is as follows:- The petitioners joined State public service as Forest Range Officers in the year 1980 having been selected through competitive examination conducted by the A.P. Public Service Commission. On representations made by the petitioners, in the year 2004, the 6th respondent-Principal Chief Conservator of Forests addressed letter to the State Government to accord permission to appoint the Forest Range Officers, which include the petitioners herein, as Assistant Conservator of Forests (ACFs) on ad-hoc basis. The State Government, in response thereto and upon consideration of the matter, issued GO Ms.No.12, dated 12-02-2004, accorded permission, subject to condition that promotees will not be entitled to any right to be placed on probation against vacancies meant for direct recruit ACFs, as they were being promoted in the vacancies meant for the direct recruitees ACFs. By order dated 14-06-2004 passed by the 6th respondent-Principal Chief Conservator of Forests, the petitioners were appointed as Assistant Conservator of Forests by imposing the condition as stipulated in GOMs.No. 12, dated 12-02-2004. The petitioners having been promoted and appointed as ACFs in the year 2004, completed 8 years of service by 2012 in the category of ACFs on ad-hoc basis.

3. The following is the data as to the date appointment of the petitioners as Forest Range Officers, their promotion to the post of Assistant Conservator of Forests on ad-hoc basis, their appointment in the substantive vacancies under promotion quota as ACFs and date of appointment as full member in the post of ACFs:-

Sl. No.	Name & Date of Birth	Date of appointment as Forest Range Officer (FRO)	Date of promotion as ACF on ad- hoc basis against DR vacancy	Date of adjustment in the substantive vacancy under promotee quota/ commencement of probation	Date of completion of probation as ACFs	Date of Appointment of Full Member as ACFs
1	Y.Ramesh (20-05-1959)	14-03-1980	08-09-2004	30-08-2012	29-08-2013	30-08-2012
2.	C.Venugopala Rao (20-06-1960)	14-11-1980	21-06-2004	01-10-2012	30-09-2013	01-10-2012
3.	K.Shailendra Moses (02-01-1959)	14-11-1980	15-07-2004	01-11-2012	31-10-2013	01-11-2012
4.	S.Narender Reddy (05-02-1960)	14-11-1980	09-07-2004	01-11-2012	31-10-2013	01-11-2012

Through the State Forest Services Association, the petitioners made representations to consider their cases for further promotion/appointment to Indian Forest Service (IFS) under the Regulations 1966 and include their names in the select list of the panel year 2013.

4. The eligibility criteria governing appointment by promotion of State Forest Service officers to Indian Forest Service is enunciated in Rule 5 (2) of the Regulations 1966 which mandates, among other things, that the officer of State Forest Service has to complete not less than eight years of continuous service (whether officiating or substantive) in posts included in the State Forest Service. The case of the petitioners could not be considered and their names did not find place in the select list of the panel year 2013 purportedly on the ground that the ad-hoc service rendered by them against direct recruitee posts of Assistant Conservator of Forests could not be counted as serv