Uttaranchal Forest Rangers' ... vs State Of U.P. And Ors

The brief facts are as follows:

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 Rangers namely, Shri Suresh Chandra Sharma and Shri Vijay Kumar Mishra figuring at Sl. Nos. 286 and 277 in the promotion order of 17.07.1991 challenged the seniority list dated 31.05.1996 by way of a Writ Petition No.610 of 1996 in the High Court of Allahabad, claiming seniority.

The State of Uttaranchal came into being on 8th of November, 2000.

On 30.04.2001, the respondent Suresh Chandra Sharma opted for the State of Uttaranchal and started working in the State of Uttaranchal w.e.f. 30.04.2001. However, he did not implead the state of Uttaranchal or the present appellants as a party to the writ petition.

Another promotee Shri C.B. Chhimwal respondent no.5 filed a writ petition challenging the seniority list in the High Court of Allahabad. The High Court by an order dated 12.04.2004 allowed Chhimwal's claim following its previous order in the case of Suresh Chandra Sharma. The appellants were unaware of the said order of the Allahabad High Court at Lucknow. It was only when the said order was produced before the officers of the State of Uttaranchal, by respondent no.5, the appellants came to know about the order which was passed by the High Court without making them a party.

By an order dated 18.01.2005, the State of U.P. issued an amended promotion order by which 45 persons have been granted retrospective seniority, some from 01.01.1979 i.e. from a period of 12 years prior to their actual date of promotion, even though, admittedly, there was no vacancy in the promotee quota, the effect of this order would be in the state of Uttaranchal as well.

? That a set of contempt petition was moved by the petitioners of the above bunch case specifically Contempt Petition No 1617 (C) of 2004 C.B. Chhimwal Vs. Smt. Surjit Kaur Sandhu & Ors. And Contempt Petition No. 1897 (C) of 2004 Chandra Shekhar Kargeti Vs. K.Prasad and the date of personal appearance of officials was fixed. Under these circumstances Principal chief Conservator of Forest, U.P. Lucknow passed F.O. No. E- 114/2-2-4 dated 18.01.2005 and judgment dated 12.04.2004 was complied with under pressure of Court order; giving notional promotions to the appellants. Thereafter, a report was produced before the High Court in Contempt Case No. 1617/C/2004 C.B. Chhimwal vs. Smt. Surjit Kaur Sandhu by an affidavit dated 19.01.2005. The High Court was not satisfied with the compliance and passed further direction on 28.02.2005 in the aforesaid contempt petition. The operative part of the order dated 28.02.2005 is reproduced below:-

? That no direct recruitment between the year 1969-70 to 1976-77, the then existing vacancies of Forest Rangers were filled up by promotees of the department. As the vacancies belonging to the direct recruit was occupied by promotees between this period, the required number of post of promotees exceeded. Out of certain oversight the number of vacancies shown as year wise vacancies sent to the Public Service Commission against the vacancies of earlier years was wrongly indicated. At a later date at the time of preparation of seniority list this inadvertent mistake was noticed at the time of preparation of list on 08.06.1995 and immediately exercise was carried out to check the inadvertent mistake/oversight. The excess number of promotees against the Forest Rangers was later adjusted and carried forward as per provisions. As per the above facts it is crystal clear that there was no vacancy existing for the promotees after the year 1973-74 till 1986-87. In the year 1987-88, 9 vacancies were available after a long gap. Similarly, the vacancies available during the year 1988-89, 1989-90 and 1990-91 are 31, 54 & 84 respectively. It was out of these vacancies, the adjustment of 124 Forest Rangers regularized on 30.11.1989 were adjusted. The name of respondent no. 5 namely C.B. Chhimwal is much below and therefore he was not included in the above list. ? That in view of the facts and circumstances stated above and as per provisions of Law the respondent no.5 along with other similarly situated 353 persons are not entitled for back date seniority as well as consequential benefit as they have not actually worked on the post of Range Officer, therefore this Court may very kindly be pleased to quash the judgment and order dated 12.04.2004 passed by the High Court of Allahabad, Lucknow Bench, Lucknow in Writ Petition 366/SB/2002.

Thus we feel that the High Court order granting promotees seniority from 1987-88 suffers from infirmity and is liable to be set aside.

We, therefore, have no hesitation in setting aside the final judgment and order dated 12.04.2004 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No. 366 SB of 2002 whereby the High Court allowed the writ petition filed by C.B. Chhimwal and allow the Civil Appeal No. of 2006 arising out of SLP (C) No. 7375 of 2005.

Likewise, we allow the Civil Appeal No. of 2006 arising out of SLP (C) No. 1860 of 2006 and set aside the impugned judgment and order dated 26.11.2001 passed in Writ Petition No. 610(S/B) of 1996 by the High Court of Allahabad at Lucknow Bench.

However, we are making it clear that this judgment of ours will not adversely affect the benefits of the order which have been enjoyed by any of the promotees who have retired from service. The division of seniority list, however, has serious and lasting consequences insofar as the appellants are concerned which of crucial importance as far as the promotional prospects of the appellants are concerned. We, therefore, direct the State of Uttaranchal through its Principal Secretary (Forest) Dehradun, Uttaranchal to revise the seniority list of direct recruits in line with the observations and conclusions made in this judgment by us within 2 months from the date of receipt of this judgment. No costs.