Government's cadre restructuring re-designating equivalent posts into common cadre upheld; common seniority valid with precedence to earlier incumbents over later promotees; policy decisions not interfered unless arbitrary or illegal. (38 words)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2548/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.470/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

I. An appropriate writ, order or direction in the nature of writ of certiorari quashing the Government order No.202-FST of 2016 dated 02.08.2016 to the extent it directs redesignation of remaining posts of Assistant Wildlife Warden and equivalent as Assistant Conservator of Forests (Wildlife).

II. An appropriate writ, order or direction in the nature of writ of certiorari quashing the joint tentative seniority list of Assistant Conservator of Forests (WL) in the Wildlife Protection Department issued vide notification FST/Ser/71/WL/2017 dated 15.03.2018 so far as it determines the seniority of respondents 3 and 4 over and above the petitioners as they both have borne on the different and distinct posts i.e. Ecologist and Research officer.

III. An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 1 and 2 to determine the separate seniority for Ecologist and Research Officers which are different services having different operating areas.

IV. An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 1 and 2 to determine the seniority of the petitioners as Assistant Conservator of forest (Wildlife) at appropriate place after excluding and deleting the names of the respondents 3 and 4 and other officers who were not working or holding the posts of Assistant Wildlife Warden.

V. Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The present matter arises out of SWP No. 2548/2018, which stood transferred from the Hon’ble High Court of Jammu and Kashmir to this Tribunal and came to be registered as T.A. No. 470/2022. The applicants call in question Government Order No. 202-FST of 2016 dated 02.08.2016, to the extent it re- designated the posts of Assistant Wildlife Warden and equivalent posts as Assistant Conservator of Forests (Wildlife), and also challenge the tentative seniority list issued vide Notification No. FST/Ser/71/WL/2017 dated 15.03.2018, whereby respondent Nos. 3 and 4 were shown senior to the applicants.

b) The applicants were selected by the Jammu and Kashmir Public Service Commission for appointment as Range Officer Grade- I in the Wildlife Protection Department and were appointed vide Government Order No. 98-FST of 2012 dated 02.03.2012. Under the Jammu and Kashmir Wildlife (Gazetted) Service Recruitment Rules, 1994, the post of Range Officer Grade-I is a gazetted post falling in Class VI. As per the said Rules, a Range Officer Grade-I, after rendering five years’ service, becomes eligible for promotion to the next higher class of posts, namely Assistant Wildlife Warden, Research Officer and Ecologist.

c) According to the applicants, though Assistant Wildlife Warden, Research Officer and Ecologist are placed in the same broad class under the Recruitment Rules, they are in fact distinct posts with separate designations, separate field functions and separate channels of appointment. It