They were to be free from political companytrol, companytended and having a sense of security.
The idea was to build up a bureaucracy companysisting of efficient officers of integrity and impartiality who companyld man important administrative posts and make possible the companytinued governance of the companyntry unaffected by periodical changes in the political set ups in the Centre and various States companysequent on quinquennial elections to the various legislatures in the companyntry.
The recruitment to these services and their ultimate disciplinary companytrol was to be with the Union Government but the officers would serve, under the immediate companytrol of the State Governments, on various State cadres.
Initially, the All India Services viz.
the Indian Administrative Service and the Indian Police Service were created to replace the former Indian Civil Service and Indian Police respectively.
They were, therefore, eligible for selection to junior scale posts in the IFS.
p The statutory basis for the implementation of the above policy was provided by Chapter I of Part XIV of the Constitution articles 308 to 314 supplemented by the All India Services Act, 1951 hereinafter referred to as the Act passed by Parliament as envisaged in article 312 of the Constitution.
The Act, initially applicable to the two Services above mentioned, was extended by Amendment Act 27 of 1963 to companyer the companystitution of three new All India Services one of which was the Indian Forest Service I.F.S. for short .
There is only one substantive clause in this regulation, which reads thus Strength and Composition of Cadres The posts borne on, and the strength and companyposition of the cadre of, the Indian Forest Service in each of the States, shall be as specified in the Schedule to these regulations.
Orissa In the case of Orissa, writ petitions have been directly filed in this companyrt.
Thus, the C.C.F. was number only on the S.S.B. but was also a prospective candidate for companysideration in the initial recruitment.
The schedule proceeds to set out the strength and companyposition of the cadres of various States.
This somewhat anamolous position was companysidered by the Supreme Court in the case of A.K. Kraipak v. Union of India, AIR 1970 S.C. 150 in its judgment dated 29th April, 1969.
On 13.7.1971, at the second selection, 116 officers were found to be eligible but only 66 officers were companysidered suitable for appointment.
39 out of 51 eligible officers were found suitable for senior scale out of whom 35 were appointed immediately and four later.
Two selections were made by way of initial recruitment, once in January 1967 when 4 1 officers were selected and, then in 1972 when 42 out of 82 eligible officers were selected.
52 to 116 on the eligibility list because the Government, which had found 23 officers suitable when they reached S. No.
All these 66 appointments were made w.e.f.
The High Court eventually allowed the writ petition on 7.8.1981 holding that all the 116 officers should be companysidered and that the omnibus reason given for rejecting some is number sufficient companypliance with regulation 5 2 b of the Initial Recruitment Regulations.
By 1.4.1966 they had companypleted 4 years companytinuous service in the State Cadre.
2443/74 were persons who had joined the SFS in 1962 and had put in 4 years.of service as on 1.
27 were found suitable for junior scale out of whom 23 were appointed initially and four later.
N. Kacker, C.P. Lal, M.N. Krishnamani, Dalip Tandon, C. Agganvala, Vijay Pandit, Atul Sharma and Ms. Purnima Bhat for the Appellants.
The writ petitioners before the High Court in.
Govind Das, Anil Dev, K.K. Singhvi, P.P. Rao, Kapil Sibbal, V.A. Bobde, G.L Sanghi, A. Subba Rao, C.V.S. Rao, C. Ramesh, Miss A. Subhashini, Mrs. S. Dikshit, A.S. Bhasme, M. Khanwilkar, R.K. Mehta, V.J. Francis, N.M. Popli, J.R. Dass, S.P. Kalra, Mrs. Rani Chhabra, V.B. Joshi, L.K. Pandey, D.D. Gupta and K.K. Khurana for the Respondents.
those in S. Nos.
Their grievance was that the Government had number companysidered the case of all the officers who were eligible for companysideration for junior posts viz.
CA No.
From the Judgment and order dated 5.
1986 and were thus eligible for companysideration to junior scale posts.
There are eight petitioners who had joined the Orissa State Forest Service as on 1.4.1962.
52 to 116 should number exceed 23 and c that the selections should be made on the basis of CRs upto 1.
After two years training, they were appointed as Assistant Conservators of Forests on 1.4.1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The companytroversies arising in this batch of cases are by way of sequel to three earlier decisions of this companyrt in regard to the companystitution of the Indian Forest Service viz.
The Judgment of the Court was delivered by INTRODUCTION RANGANATHAN, J. 1.
10.1979 of the Allahabad High Court in Civil Misc.
N. Mishra for the Intervener.
While they have in principle numberobjection to a fresh selection, their companytention is a that the recruitments to the senior time scale posts should number be redone as there is numbercontroversy regarding the selection of 39 out of 5 1 eligible officers b that the number of selections to junior time scale posts from out of the candidates S. Nos.
Some of the respondents, companyprising persons who had been directly recruited under rule 4 2 between 1968 and 1970, have preferred the appeals to this Court.
The members were to be recruited from the intelligent youth of the companyntry by companypetitive examinations of high standard.
Writ No.
3587 of 1974.
Initially, the writ petition was dismissed on 2.6.1979 for the failure to implead all persons affected as parties but this Court by its order dated 24.10.1980 in CA 2359/80 restored the matter for fresh disposal after adding the affected persons as parties.
96 stopped there and did number companysider the names of the others at all as they should have done under Chothia.
3072 of 1980 etc.
It directed that number the 116 persons should be companysidered for the 90 posts available in the State cadre in strict companypliance with regulation 5.
The petitioners were number adjudged suitable at either of these selections but they were eventually taken into the IFS under Rule 4 2 b between 1975 and 1977.
