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HIGH COURT OF KERALA
V.GIRI, J
O.JAYARAJAN – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/35690/2007
Promotion - Forest Service - Indian Forest Service (Appointment by Promotion) Regulations, 1966 - Summary: The court discussed the provisions concerning the declaration of probation for promotional eligibility within the Indian Forest Service, emphasizing the need for timely communication of probation status as per regulatory guidelines.
Fact of the Case:
The petitioner, a Deputy Conservator of Forests, sought to have his probation declared for the post of Assistant Conservator of Forests, arguing that the delay contravened the regulations and affected his eligibility for promotion to the Indian Forest Service.
Finding of the Court:
The court found that there was unreasonable delay in declaring the petitioner's probation and directed the relevant authorities to resolve this matter promptly, recognizing the absence of an extension order for probation.
Issues: The main issue was whether the delay in declaring the petitioner's probation impacted his eligibility for promotion within the Indian Forest Service.
Ratio Decidendi: The court established that non-declaration of probation without due process undermines the principles of fair administrative practice within service promotions.
Final Decision: The court ordered the relevant authority to declare the probation status by 31.12.2007, ensuring proper administrative procedures are followed.
J U D G M E N T
The petitioner is now working as Deputy Conservator of Forests Senior Grade (Non Cadre) and is posted at Kannur as Divisional Forests Officer. He entered service as Ranger through direct recruitment. His probation in the post of Ranger was declared with effect from 1.2.1983, as per Exhibit-P1 order. Petitioner was later promoted to the post of Assistant Conservator of Forests with effect from 19.3.1996 He has been subsequently granted a Senior Grade to the post of Deputy Conservator of Forests with effect from 1.10.2005. He is eligible to be considered for appointment in Indian Forest Service as per the provisions contained in Indian Forest Service (Appointment by Promotion) Regulations, 1966. He contends that he has completed 8 years of service as Assistant Conservator of Forests and therefore he is eligible in that regard. In so far as the probation is concerned, there seems to be delay on the part of the respondents in declaring his probation in the post of Assistant Conservator of Forests. But at the same time it is contended that there is no order extending the period of probation.
2. After having heard the learned Senior Government Pleader, Mr. Nandakumar also, I am of the view that orders must be passed in the matter of declaring the petitioner's probation in the post of Assistant Conservator of Forests, without any further delay. If probation has not been extended normally it should be declared on completion of mandatory two years of service within a period of three months.
3. In the circumstances, this writ petition is disposed of directing the 2nd respondent to pass orders on Exhibit-P5 in the matter of declaring the petitioner's probation in the post of Assistant Conservator of Forests, at any rate, before 31.12.2007. On such orders being passed, if the petitioner is otherwise eligible to be included in the zone of consideration for appointment to the I.F.S. in terms of the regulations mentioned above, needful shall be done in this regard. Once orders are passed in this regard, petitioner shall be considered for inclusion in the post for appointment under the Indian Forest Service (Appointment by Promotion)
Regulations 1966 in the manner aforementioned without any further delay.
(V.GIRI, JUDGE)
ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999
ORDER
25th May, 2007
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