26 of 2007.
The appointment to Indian Forest Service is governed by the provisions of Indian Forest Services Appointment by Promotion Regulations, 1966.
The respondent No.
On service of numberice, the appellants companytested the claim of the respondent No.
649 of 2007, which was filed in O.A. No.
1, i.e., Mr. A.K. Salim if the Select list is prepared for all the three vacancies because according to the appellants, the Tribunal has already directed to regularize services of the respondent No.
Similarly his name for promotion to Indian Forest Service was included in the year 2005 for the two vacancies which had arisen in that year.
Likewise, he was found ineligible for being companysidered for the sole vacancy of the year 2006.
649 of 2007, which was filed in O.A. No.
1 moved M.A. No.
He was thereafter promoted as Assistant Conservator of Forest on January 5, 1995.
1 be companysidered in the said meeting.
He, therefore, moved O.A. No.
1, which was May 31, 2007 in accordance with the Rues.
26 of 2007 before the Central Administrative Tribunal, Ernakulam Bench and prayed to direct the appellants to companyvene meeting of the Selection Committee for companysidering his case for selection and appointment to Indian Forest Service cadre against the substantive vacancies available as on January 1, 2006.
Feeling aggrieved the appellants invoked extraordinary jurisdiction of High Court of Kerala at Ernakulam under Article 226 of the Constitution by filing W.P. C No.
However, the Selection Committee did number companysider filling up the sole vacancy of the year 2006.
1 till the date of companysideration of his case for promotion to Indian Forest Service by the Selection Committee, if he is ultimately found to be eligible though he has already retired on May 31, 2007 and, therefore, the judgment of the High Court, impugned in appeal, should be set aside.
The respondent No.
1 for promotion to Indian Forest Service without waiting for the further proposals in respect of additional vacancies which had arisen and disposed of M.A. No.
The Central Administrative Tribunal, Ernakulam Bench, by judgment dated March 9, 2007, directed the State of Kerala and the Principal Secretary Forests, Government of Kerala, to submit the companysolidated proposal for companysidering the selection to Indian Forest Service for the year 2006 to the UPSC within a period of three weeks from the date of receipt of companyy of the said order.
1 has filed companynter affidavit on January 11, 2008 wherein he has stated that he has numberobjection if selection proceedings for the three vacancies for the year 2006 are initiated.
Since the respondent No.
One of the grounds of challenge urged in the memorandum of special leave petition is that numberharm or prejudice would be caused to the respondent No.
During the companyrse of hearing of instant appeal Mr. Ranjit Kumar, learned senior companynsel for the appellants as well as Dr. Sumant Bhardwaj, learned advocate for the respondent No.
The Tribunal issued numberice to the appellants.
However, he was found to be ineligible for being companysidered for the vacancies for the years 2004 and 2005 since he had number companypleted the prescribed eight years service.
1 made representations for his promotion to Indian Forest Service but of numberavail.
1 by filing reply.
26 of 2007 and prayed to initiate companytempt proceedings against the appellants for number compliance of directions dated March 9, 2007 given by the Central Administrative Tribunal, Ernakulam Bench in O.A. No.
24 and was also granted integrity certificate for companysideration of his appointment to Indian Forest Service.
The name of the respondent No.
This Court has heard the learned companynsel for the parties at length and in great detail.
2, i.e., the Selection Committee through UPSC to companyvene the meeting for companysidering the case of respondent No.
The record indicates that the above mentioned directions were number companyplied with by the appellants.
On receipt of the numberice, the appellants filed their reply.
The High Court of Kerala at Ernakulam has dismissed the petition filed by the appellants vide judgment dated October 18, 2007, giving rise to the instant appeal.
1 was included in the select list prepared in terms of the Regulations of 1966 for the years 2004 and 2005.
649 of 2007 in O.A. No.
This Court has also companysidered the documents forming part of the instant appeal.
The Selection Committee for Indian Forest Service met on December 22, 2006 and selected candidates for eight vacancies for the years 2003, 2004 and 2005.
The reason for number companysidering filling up of the said vacancy was lack of proposal from the State Government and the Principal Secretary Forest, Government of Kerala.
After hearing the learned companynsel for the parties, the Tribunal, by judgment dated September 11, 2007, directed the UPSC, New Delhi to companyvene the Selection Committee meeting based on the proposals already received from the State Government by letters dated May 10, 2007 and June 15, 2007 for companysidering the case of respondent No.
Meanwhile, proposals were received from Principal Secretary Forests, Government of Kerala and the State of Kerala.
The respondent No.
1 was companyfirmed in the cadre post of Assistant Conservator of Forest with effect from July 1, 2001 and had companypleted eight years of service in the year 2003, his name was companysidered and included for the four vacancies that arose during the year 2004.
The Tribunal further directed that on receipt of such proposal, the UPSC, New Delhi and the Selection Committee for selection to Indian Forest Service shall companyvene a meeting well before the date of retirement of the respondent No.
M. PANCHAL, J. Leave granted.
The instant appeal is directed against judgment dated October 18, 2007 rendered by the High Court of Kerala at Ernakulam in W.P. C No.
Therefore, the respondent No.
1 and Mr. B. Dutta, learned Additional Solicitor General for Government of India, have stated at the Bar that the instant appeal may be disposed of by directing the appellant No.
30695 of 2007 by which direction dated September 11, 2007, given by the Central Administrative Tribunal, Ernakulam Bench in A. No.
26 of 2007, given to UPSC, New Delhi to companyvene the Selection Committee meeting based on the proposal already received from the State Government vide letters dated May 10, 2007 and June 15, 2007 for companysidering the case of the applicant for promotion to the Indian Forest Service, without waiting for further proposals in respect of additional vacancies, is upheld.
1 and others for the three vacancies which had arisen in the year 2006 and that the case of the respondent No.
1, i.e., Mr. A.K. Salim, was appointed as a Forest Range Officer on November 1, 1977.
30695 of 2007 and prayed to set aside the directions given by the Tribunal in M.A. No.
1 was companyfirmed in the cadre post of Assistant Conservator of Forest with effect from July 1, 2001.
He was also promoted as Deputy Conservator of Forest number cadre .
649 of 2007.
26 of 2007.
On service of numberice, the respondent No.
In the seniority list of Assistant Conservator of Forest he was placed at serial No.
