Recruitment to the said service is governed by the Assistant Conservator of Forests Gujarat Forest Service Class II Recruitment Rules, 1981 hereinafter referred to as the 1981 Rules .
The appellants in C.A. No.
The said Letter Patent Appeals along with other Special Civil Applications Nos.
During the pendency of the said Writ Petitions the State Government passed the impugned resolution dated January 31, 1992 and issued a provisional seniority list on January 29, 1993 of Assistant Conservators of Forests as on January 1, 1992.
Recruitment to the said post is governed by the Deputy Conservator of Forests Gujarat Forests Service Recruitment Rules, 1987 hereinafter referred to as the 1987 Rules .
Action on the basis of the said letter from the President, Forest Research Institute and College was taken by the Government of Gujarat in stages.
After companypleting both companyrses of training the selected candidate is appointed to Class Ii of the Gujarat Forests Service as Assistant Conservator of Forest on probation for a period of two year.
896 of 1991 was filed in the High Court by the promotee officers to restrain the State Government from revising the seniority list of 1988 and to direct the Government to make promotions on the basis of the select list of October 24, 1989.
Another Special Civil Application No.
He further stated that in order to raise their standard of training and morale as also to bring them at par with the Indian Forest Service training facilities, the state Forest Service trainees may also be treated as in service trainees, i.e., they may be appointed to the State Forest Service before they are sent for training in their respective companyleges.
4400 of 1993 and 1403 of 1992 filed by the promotee officers and have dismissed Special Civil Application Nos.
Feeling aggrieved by the said judgment of the Division Bench of the High Court, the directly recruited officer as well as the State of Gujarat have filed these appeals.
It was held that the provisional seniority list dated August 5, 1987 as well as the final seniority list dated October 27, 1988 were invalid since those seniority lists did number companytain the names of the directly recruited Assistant Conservators of Forests who were selected in the year 1979 and had been appointed after undergoing the companyrse in Forestry.
Special Civil Application No.
the companytention urged on behalf of the promotee officers that the said resolution affects their vested rights was rejected.
On October 24, 1989 the Government of Gujarat prepared a select list for the purpose of promotion on the post of Deputy Conservator of Forests.
1447 of 1991 filed by the directly recruited officers was dismissed.
The said select list was approved by the Gujarat Public service Commission on July 19, 1990.
Pursuant to the said instruction of the Government of India, many State Governments have issued order treating the training period of directly recruited Assistant Conservator of Forests as part of their service.
On August 5, 1987, the Government of Gujarat issued a provisional seniority list for the cadre of Assistant Conservator of Forests as on January 1, 1987.
1403 of 1993 was file promotee officers challenging the said resolution dated January 31, 1992 and the seniority list dated January 29, 1993.
On satisfactory companypletion of training the selected candidates were appointed as Assistant Conservators of Forests on probation for two years.
As per Note 2, below Rules 15, Forest Manual Part I, the training period is being taken into account for the purpose of pensionable service.
195 196 of 1993 against the said judgment of the learned Single Judge in Special Civil Application Nos.
In the said letter it was stated that some states, like Jummu Kashmir and Sikkim, sen their State Forest Service trainees after appointing them in service.
As regards other Special Civil Application the learned Judges have allowed Special Civil Application Nos.
3,500/ as tuition fees.
4787 of 1994 were appointed on the post of Assistant Conservator of Forests by direct selection by the Gujarat Public Service Commission in the years 1979.
The recruitment rules that were in force prior to the promulgation of the 1981 Rules also made similar provision regarding appointment on the post of Assistant Conservator of Forests by way of promotion as well as by way of direct selection and the selected candidates were required to undergo a companyrse of Forestry for two years at an institution recognised by the Government and to obtain a diploma or degree in Forestry from the institution.
The next post higher to the post of Assistant Conservator of Forests is the post of Deputy Conservator of Forests.
Thereafter a final seniority list was issued on October 27, 1988.
877 of 1988, 4400 of 1993, 1109 of 1988, 1696 of 1991, 1403 of 1993 and 2124 of 1986 were heard and disposed of by the Division Bench of the High Court by the impugned judgment dated May 4, 1994.
By numberification of the Government of Gujarat dated March 31, 1982, instead of the stipend of Rs.
On November 17, 1981, the President of the Forest Research Institute Colleges, Dehradun addressed a letter to the Secretary, forest Department, in the various States and a companyy of the said letter was also sent to Inspector General of Forests, Ex officio Additional Secretary to the Government of India, Ministry of Agriculture.
877 of 1988 was filed by the directly recruited officers wherein provisional seniority list published on August 5, 1987 was challenged.
1447 of 1991 filed by the directly recruited officers were heard together and disposed of by a learned Single Judge S.D. Shah J. by judgment dated November 20/23, 1992.
The said list also did number companytain the names of the appellants.
The learned Judges on the Appellate Bench reversed the judgment of the learned Single Judge and have held that the resolution dated January 31, 1992 is violative of the statutory rules 1981 Rules of recruitment to the post of Assistant Conservator of Forests, more particularly Rules 8 and deserves to be struck down since it was inconsistent with the said rules.
The President has expressed the view that there is very strong case for the state Forest Service trainees to be treated as in service trainees from the date they are selected by the respective State Public Service Commissions.
896 of 1991 filed by the promotee officers was allowed and Special Civil Application No.
There was provision for payment of tuition fees, monthly stipend and tour expenses for two years for each candidate selected for training subject to his executing an agreement with two sureties binding himself to serve the Government for number less than five years and to refund all money expended by the Government on his training at the institution with interest 6 percent per annum if the failed to carry out the terms or was found unsuitable for employment due to mis conduct.
In the said suit the Government of Gujarat, on February 8, 1991, filed a purshis agreeing in principle to take into companysideration the training period of directly recruited Assistant Conservator of Forests for the purpose of seniority with retrospective effect.
3 and 4 in the said appeals were promoted as Assistant Conservators of Forests prior to the appointment of the appellants.
The said resolution was also held to be invalid on the ground it was given retrospective effect from 1979 and the seniority list which was published under the said resolution has also been struck down by the High Court.
A Civil Suit No.
2,400 for two years for each selected candidate sent for training.
by resolution dated March 31, 1982 the grievance of the trainees regarding the allowances payable to them during the companyrse of training was removed and it was prescribed that the directly recruited Assistant Conservator of Forests undergoing training shall draw the minimum of their time scale of pay in that post, i.e., Rs.700 1300 together with admissible allowances thereof with immediate effect.
877 of 1988, 1109 of 1988, 1696 of 1991 and 2124 of 1986 filed by the directly recruited officers.
The learned Judges have upheld the final seniority list published on October 27, 1988 as valid and legal and have upheld the select list which was prepared on the basis of the said final seniority list.
It was also stated that the trainees of the Indian Forest Service are appointed in services before joining the training companylege.
The said Rules provided for appointment on the post of Assistant Conservator of Forests by promotion from amongst persons working as Range Forest Officers as well as by direct selection through the Gujarat Public Service Commission.
By the 1987 Rules their grievance about the period of training number being companynted for the purpose of promotion was redressed and it was provided that for the purpose of eligibility for promotion to the post of Deputy Conservator of Forests the period of training would be included.
The Government pays an annual sum of Rs.
896 of 1991 and 1447 of 1991 respectively.
The said period of eight years service includes the training period in the Forest College.
In the said letter, the President of the Forest Research Institute Colleges referred to the companyplaint of the trainees undergoing training at State Forest Services Training Colleges at Coimbatore, Burnihat and Dehradun that because they were number treated as in service trainees they were undergoing great hardship in matters of getting sufficient money to meet their training expenditure and further that due to their two year training number being companysidered a part of their services they lose seniority when they are to be taken in the promotion quota of the Indian Forest Service subsequently.
Earlier There was a provision for payment of stipend Rs.
These appeals are directed against the judgment of the Division Bench of the Gujarat High Court dated May 4, 1994 whereby the High Court has held that the resolution of the Government of Gujarat dated January 31, 1992 and the seniority list of officers in the Gujarat State Forest Service Class II as on January 1, 1992 published under resolution dated January 31, 1992, the Government of Gujarat has decided that the training period of directly recruited Assistant Conservator of Forest shall be taken into account for the purpose of seniority and that the seniority of Assistant Conservators of Forests selected through direct recruitment in and after the year 1979 shall be determined from the date of their being sent for training.
The candidate is required to execute an agreement with two sureties binding himself to work diligently at such institution and serve the Government for number less than five years after obtaining a diploma or degree in Forestry from the institution and he is required to refund the amount spent by the Government on his training with interest 6 percent annum if he fails to carry out the terms or is found unsuitable for employment due to misconduct.
Under Rule 6 of the 1981 Rules candidates selected for appointment by direct selection are required to undergo a companyrse in Forestry for two years at an institution recognised by Government and to obtain a diploma or degree in Forestry from the institution.
Appointment by promotion and direct selection is to be made in the ration of 2 1 of the vacancies available.
In the meanwhile another provisional seniority list had been issued on January 8, 1990.
Special Civil Application No.
On that view of the matter the learned judges have allowed both the Letters Patent Appeals filed by the promotee officers against the judgment of the learned Single Judge and on that basis Special Civil Application No.
1109 of 1988 was filed by promotee officers wherein they challenged the 1987 Rules relating to the promoting on the post of Deputy Conservator of Forests.
None of the appellants the said select list.
Special Civil Application No.
1447 of 1991 was filed by the directly recruited officer for directing the State Government to companysider the petitioner for promotion to the post of Deputy Conservator of Forests and to quash the select list prepared on October 24, 1989.
896 of 1991 filed by promotee officers and Special Civil Application No.
The learned Single Judge held that the 1981 Rules do number make any provision regarding fixation of seniority and that it was permissible for the State Government to lay down the principle for fixation of seniority of direct recruits by resolution dated January 31, 1992 and the said resolution does number violated the provisions of the 1981 Rules.
500/ per month and tour expenses of Rs.
699 of 1990 was filed by the direct recruits seeking an injunction restraining the State Government form implementing the seniority list dated January 8, 1990.
In the said seniority list the names of the appellants were number included.
Under Rule 2 of the 1987 Rules appointment to the post of Deputy Conservator of Forests is made by promotion from amongst the persons holding the post of Assistant Conservator of Forests and who have put in at least eight years service on the said of Assistant Conservator of Forests.
1734 1741 of 1997 out of SLP C Nos.
Special Civil Application No.
Special Civil Application No.
In the State of Gujarat the post of Assistant Conservator of Forests falls in Gujarat Forest Service Class II.
Respondents Nos.
In the said seniority list the names of the appellants were shown but the period of two years spent on training was excluded.
They where sent for the two year training in January 1980 and after companypleting the said companyrse in Forestry they were appointed as Assistant Conservator of Forests in February, 1982.
20271 20278/96 J U D G M E N T C. AGRAWAL, J. Special leave granted in Special Leave Petitions Nos.
The promotee officers filed Letters Patent Appeals Nos.
11270 of 1994 and 20278 of 1996.
The resolution dated January 31, 1992 was upheld as valid an the select list dated October 24, 1989 was quashed and it was directed that a fresh select list be prepared on the basis of the provisional seniority list.
