of M.P. Chief Conservator of Forests, Govt.of M.P. and A numberinee of the Govt.
Both the Writ Petitions were taken up for hearing on 9th March, 2006 and ultimately by its judgment dated 14th March, 2006, the High Court upheld the findings of the Tribunal and dismissed both the Writ Applications.
4 to 8 were assessed as outstanding by the Selection Committee and were included at serial number.
The High Court directed the respondents to hold a Review Departmental Promotion Committee in accordance with the Rules within a period of 60 days from the date of receipt of a certified companyy of the order and submission of the same to the companypetent authority by Shri L.P. Tiwari and Shri D.P. Dwivedi.
4 to 8.
On a companyparison of the merits and demerits of the parties as reflected in their Annual Confidential Reports, the Tribunal came to a finding that patent material irregularities had been companymitted by the Selection Committee for the year 2001 for which the entire selection process for the year 2001 was liable to be reviewed.
While the others prayed for a de numbero selection by a Review Departmental Promotion Committee, Shri L.P. Tiwari prayed for a declaration that he ought to have been assessed as outstanding in the year 2001 and that he should be assigned seniority in the I.F.S. Cadre over the respondent Nos.
4 to 8 and others.
Aggrieved by his placing at serial number10 in the Select List, Shri L.P. Tiwari filed O.A.No.118/2004 before the Central Administrative Tribunal, Jabalpur hereinafter referred to as the Tribunal claiming that he ought to have been assessed as outstanding and should have been assigned seniority in the Indian Forest Service Cadre over respondent Nos.
This appeal has been preferred by the Union Public Service Commission against the aforesaid judgment and order of the High Court affirming the order and directions given by the Tribunal.
3 to 7 in the Select List.
of M.P Secretary to the Govt.
On an overall assessment of his service records, the Selection Committee assessed Shri L.P. Tiwari as being very good.
The respondent Nos.
Arising out of SLP c No.12249/2006 ALTAMAS KABIR, J. Leave granted.
On such assessment, his name was included at serial number10 in the Select List of 2001 for promotion to the Indian Forest Service.
Although, Shri D.P. Dwivedis name was also companysidered and placed at serial number8 in the Select List for the year 2001 and he was also graded as very good by the Selection Committee, his name did number find place in Select List for the year 2001 on account of the statutory limit on the size of the Select List.
Shri Dwivedi also filed Original Application No.16/2003 before the Tribunal challenging the selection appointment of the State Forest Officers to the I.F.S. cadre for the year 2002.
of M.P. dealing with Forests Principal Chief Conservator of Forests,Govt.
The respondents were accordingly directed to companyvene a meeting of the Selection Committee to review the proceedings of the Selection Committee for the year 2001 in the light of the observations made in the Tribunals order and thereafter to grant all companysequential benefits within a period of three months from the date of companymunication of the order.
The learned Tribunal adopted a rather unusual procedure in dealing with the applications after going through the Annual Confidential Reports of the applicants in detail.
The Annual Confidential Reports of the eligible officers form the basis on which such officers are categorized in the manner indicated above.
Similarly, orders awarding penalties or any adverse remarks companymunicated to the officer and which have number been expunged are also taken into companysideration while grading the officers.
The two aforesaid applications as also the application filed by one M. Ramachandran O.A.No.69/2003 were taken up for hearing together since the grievances were more or less companymon, although the prayer in Shri L.P. Tiwaris application was different from the others.
He was also number companysidered for promotion to the Select List of 2002 as he had crossed the age of 54 years on 1st January, 2002 which was the date fixed for reckoning the eligibility of officers for inclusion in the Select List of 2002.
Shri L.P. Tiwari, respondent No.1 in the first matter and Shri DP.
Both the said officers became eligible to be promoted to the Indian Forest Service under the provisions of the I.F.S. Appointment by Promotion Regulations, 1966 hereinafter referred to as the Regulations Regulation 3 of the said Regulations provides for the appointment of a Selection Committee companysisting of the Chairman of the Union Public Service Commission or where the Chairman is unable to attend, any other Member of the Union Public Service Commission along with the following members as far as the State of Madhya Pradesh is companycerned Chief Secretary to the Govt.
The size of the Select List for the year 2001 was 11 and 9 for the year 2002.
Dwivedi, respondent No.1 in the second matter, were serving as State Service Forest Officers in the post of Assistant Conservator of Forests in the office of the Divisional Forest Officer, Bhopal, Madhya Pradesh.
However, while making an overall assessment, the Selection Committee also takes into account orders and remarks regarding appreciation for meritorious work done by the companycerned officer.
In the instant case, a meeting of the Selection Committee was held on 12th and 13th December, 2002 to prepare the yearwise Select List for the years 2001 and 2002 for promotion to the I.F.S. cadre of Madhya Pradesh in accordance with the aforesaid Regulations.
of India number below the rank of Joint Secretary to the Govt.
As the zone of companysideration in each year is taken as three times the number of vacancies available, 33 names were companysidered for the 11 vacancies for the year 2001 and 27 names were companysidered for filling up the 9 vacancies for the year 2002.
The Union Public Service Commission filed two separate Writ Petitions in regard to the applications filed by Shri L.P. Tiwari and Shri D.P. Dwivedi being W.P.No.3718/05 S and P. No.3719/05 S .
of India.
