Promotion under the Indian Forest Service Cadre Rules is contingent on vacancy availability; retired officials have no right to actual promotion but may be eligible for notional promotion based on their juniors' promotion timing.

ORDER

Per: Shri Santosh Mehra, Member (A)

By this application, the applicant is seeking the following reliefs:

“8.a Call for record of proceedings pertaining to order of promotion of the applicant to the post of Principal Chief Conservator of Forests (Pay Matrix Level 16), peruse the same; and

8.b. Quash the decision/order dated 21/12/2021 and 21/09/2021 of respondent no. 2 and direct respondent no. 2 for issue of notional promotion order to the applicant from an appropriate date. The decision/order dated 21/12/2021 and 21/09/2021 of date the respondent no.2 are annexed as Annexure A-11 and Annexure No.A-13 respectively

8.c. Direct the respondent no.2- the State of Maharashtra to issue order of promotion to the post of Principal Chief Conservator of Forests (Pay Matrix Level 16) with effect from January 2021, consequently, direct the respondents to pay and release salary of the post of Principal Chief Conservator of Forests (Pay Matrix Level 16) from January, 2021 to June, 2021 in favour of the applicant;

8.d. Further direct the respondents to revise and pay retirement benefits and pensionary benefits due payable to the applicant on the basis of pay fixation in pay matrix level 16, in the interests of justice.

8.e. Allow present application with costs; and

8.f. Grant any other relief deemed fit in the circumstances of the case in favour of the applicant;”

2. Facts leading to this application are as follows;

2.1. The applicant passed Indian Forest Service Examination conducted by Union of Public Service and was allocated Maharashtra Cadre. The applicant joined on 06th July, 1987 as Indian Forest Service (Probationer) and on 01st August, 1989 in Maharashtra State Forest Department. He was promoted to the post of Additional Principal Chief Conservator of Forests (NTFP), Nagpur (Pay Matrix Level 15) under 7th Central Pay Commission vide order dated 06th April, 2017. The next higher post is that of Principal Chief Conservator of Forests which is in Pay (Pay Matrix Level 16). The guidelines for promotion prescribed by respondent no.3, Govt. of India, Ministry of Environment, Forest and Climate Change vide letter dated 25th February, 2019 states as follows:

“VII. PROMOTION TO THE POST OF PRINCIPAL CHIEF CONSERVATOR OF FORESTS.

The zone of consideration for promotion in this grade would consist of all the members of the Service who have completed 30 years of service. Appointment in this grade would be made from amongst the officers thus cleared, at any time during the relevant year, provided vacancies in this grade are available and subject to the provisions of rule 12(7) of the IFS(Pay) Rules, 2016. The screening Committee for this purpose shall consist of the Chief Secretary, Principal Chief Conservator of Forests and Principal Secretary looking after the work of Forests (who should be an officer in the pay scale of Rs.26000/- in Vth CPC) failing which an Additional Chief Secretary level officer as members.

2.2 It is stated that as per the above guidelines, the applicant became eligible for consideration to the post of Principal Chief Conservator of Forests (Pay Matrix Level 16) after completion of 30 years on 06th April, 2017. The Departmental Promotion Committee/Screening Committee (DPC), constituted by the respondents held its meeting on 28th December, 2020 to consider the suitability of the officers for promotion to the grade of Principal Chief Conservator of Forests and recommended the applicant at serial no.1 and held him fit for promotion as Principal Chief Conservator of Forests (Pay Matrix Level 16).

2.3. The relevant para of the Minutes of the Screening Committee meeting held on 28th December, 2020 reads as under:

“12. The Screening Committee has decided to prepare the panel for promotion comprising of following officers who are found ’Fit for the promotion to