MAKER DHWAAJ PAL Vs. NEERA YADAV

JUDGEMENT

(1.) The Contempt judgment of this court in Keshav Chander Joshi Petition Nos. 65,100 and 126/92 arise out of the and Ors v. Union of India and Ors. in which this court had directed to determine inter se seniority of the direct recruits and promotee Asst. Conservators, Forest, U. P. rendered on 6/11/1990. It would appear that at present there are 215 direct recruits and 100 promotee Asst. Conservators, Forest, working in the Forest Department. In K. C. Joshi's case, it was concluded that the promotees were appointed on ad hoc basis as a stop-gap arrangement in substantive posts. Their appointments were de hors the rules. Until they are appointed by the governor according to the rules, they do not become the members of the service in a substantive capacity. Their continuous length of ad hoc service from the date of their initial appointement cannot be counted towards seniority. The direct recruits were appointed in accordance with Rule'. Their seniority shall be counted from the date of their discharging duties of the post of Asst. Conservators, Forest and the seniority of direct recruits shall accordingly be fixed. The governor was directed to make appointment by promotion to substantive vacancies to the post of Asst. Conservators, Forest, if not already made, in accordance with Rule 5 (b) read with Appendix B and Rule 6. We are informed that till date no appointments in terms thereof have been made. The seniority of the promotee Asst. Conservators, Forest shall be counted from the respective dates of appointment to the substantive posts in their quota under Rule 6 of the ruls. The inter se seniority of the direct recruits and promotees shall be determined in accordance with Rules 5, 6 and 24 as per the judgment in K. C. Joshi's case. All the employees are entitled to all consequential benefits. Later when Raj Narayan Singh and Ors. filed W. P. (C) No. 641/91, this court on 6/06/1991 directed to convert the writ petition as a contempt case for non-implementation of the direction issued in K. C. Joshi's case which was numbered as Contempt Petition No. 164/91. When it came up for hearing on 23/08/1991, this court observed thus:

(2.) The petitioners therein had not filed any objection, despite giving time, but it was directed that the State would consider their cases even if they make any representation. In the light of that stand, while dismissing the contempt petition, this court directed the State Govt. to dispose of the matter on the basis of the representation that may be received from the petitioners therein against the draft seniority list within six months from that date. In these contempt petitions the promotees as well as some of the subsequent direct recruits complain against fixation of their inter se seniority by the State Govt.

(3.) Shri R. K. Garg for the promotees contended that as on 31/08/1982 selection of the promotees on regular basis to fill up the posts of Asst. Conservator, Forest for the years 1973-74 to 1979-80 had taken place by a regularly constituted selection committee which selected 140 candidates for appointment. Therefore, they are entitled to the seniority from the respective years. It is also contended that the promotees are entitled, in terms of the judgment in K. C. Joshi's case, for appointment by promotion to substantive vacancies within their quota in the respective years and that, therefore, their seniority should be counted from the years in which they started discharging their duties as Asst. Conservators, Forest, as they were initially appointed to the substantive vacancies. Shri Verma appearing for some of the later direct recruits, contended that the direct recruits were appointed to the substantive vacancies as held in K. C. Joshi's case and their seniority was fixed in the judgment from the date on which they started discharging the duties of the. post as Asst. Conservators. Forest. Treating them to be temporary as shown in the seniority list prepared by the State is in utter contempt of the directions in Joshi's case.