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CASE NO.:

Appeal (civil) 4249 of 2006

PETITIONER:

Uttaranchal Forest Rangers’ Asson.(Direct Recruit) & Ors

RESPONDENT:

State of U.P. and Ors

DATE OF JUDGMENT: 25/09/2006

BENCH:

Dr. AR. Lakshmanan & Tarun Chatterjee

JUDGMENT:

J U D G M E N T

(Arising out of SLP (C) No. 7375/2005)

WITH

Civil Appeal No.\005\0054250 \005\005\005of 2006

(Arising out of SLP(C) No. 1860/2006)

Dr. AR. Lakshmanan, J.

Delay condoned.

Leave granted.

These appeals were filed against the final judgment and

order dated 12.4.2004 passed by the High Court of Judicature

at Allahabad, Lucknow Bench, Lucknow in Writ Petition No.

366(S/B) of 2002 whereby the High Court allowed the writ

petition filed by Shri C.B. Chhimwal, respondent No.5 herein

in S.L.P.(c) No. 7375 of 2005 and against the final judgment

and order dated 26.11.2001 in W.P.(C) No. 610(S/B) of 1996

whereby the High Court allowed the writ petition filed by Shri

Suresh Chandra Sharma and Shri Vijay Kumar Mishra,

respondent Nos. 5 & 6 herein in S.L.P.(c) No. 1860/2006.

The appellants in these matters are direct recruits to the

post of Forest Rangers in the State of U.P, now Uttaranchal.

The respondents are the State of U.P, State of Uttarnchal and

Ors.

The brief facts are as follows:

In the state of U.P, during the period 1969-1979, there

was no direct appointment to the post of Forest Rangers. The

Government kept promoting Deputy Forest Rangers on ad hoc

basis to the post of Forest Rangers if any vacancy arose.

On 30.11.1989, by a Government Resolution, 124

persons who were promoted on ad hoc basis to the post of

Forest Rangers were regularized in 1972 -1979. However, as of

30.11.1989, there were not enough vacancies in the promotee

quota to accommodate all the regularized Forest Rangers.

Hence, some of the regularized 124 Forest Rangers were

pushed down and accommodated in 1990 and 1991. By the

year 1991, all the 124 regularised Forest Rangers were

accommodated. In 1991, there was only one vacancy in the

promotee quota.

Later in 1989-1990, the members of the appellants

Association were appointed in the year 1990 as Forest Rangers

on the basis of competitive exam held by the U.P. Public

Service Commission in 1989. They were substantively

appointed on the post of Forest Rangers by direct recruitment

on various dates in 1990 e.g. the President of the Appellants

Association was appointed on 01.03.1990. Appellant No.3 was

appointed on 01.11.1990. The appointments were within the

direct recruitment quota.

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On 30.01.1991, without realizing that there was no

vacancy in the promotee quota of Forest Rangers the State of

U.P. sent a requisition to the Public Service Commission to

recommend 410 persons for promotion to the post of Deputy

Forest Rangers. This mistake has been admitted by the State

of U.P. in their counter affidavit before the High Court as also

in this Court.

On 06.07.1991, the State PSC vide its letter dated

06.07.1991 sent the names of Forest Rangers as if there were

vacancies from the period 1979 to 1989 in the promotee

quota. The UPPSC allotted the officers on the basis of the

selection year. Needless to mention there is no provision in the

Service Rules for allocation on the basis of year of selection. In

any event, there were no vacancies and, therefore, the basis of

this recommendation was incorrect.

On the basis of this recommendation on 17.07.1991, 356

Deputy Forest Rangers were promoted to the post of Forest

Rangers ’from the date of taking charge’. They were not given

any back-dated promotion. The respondents have not

challenged their promotion order which promoted them w.e.f.

the day they took charge.

On 31.05.1996, when the State of U.P. was preparing the

seniority list of Forest Rangers, it went strictly by the Seniority

Rules. Since the appellants were substantively appointed

within their quota in the year 1