JUDGMENT

Dr. AR. Lakshmanan, J.

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.

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 1990, they were placed senior to the respondents. However, as of 17.07.1991, since there was only one vacancy in the promotee quota of Forest Rangers, the respondents herein were notionally pushed down for the purposes of the seniority alone and were adjusted till 1996.

Needless to mention the respondents get all the benefits of a Forest Ranger though there was no vacancy when they were promoted, except seniority. Since, there was no direct recruitment after 1990; the respondents do not suffer at all.

In July 1996, two of the Promotee Forest Range