A I IYPPU CALICUT Vs. STATE OF KERALA
HIGH COURT OF KERALA
A.I. IYPPU CALICUT
STATE OF KERALA
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(1.) BY Ex. P2 dated 10th July 1968 the State Government, the first respondent, promoted and appointed the fourth respondent as conservator of Forests on Rs. 1000-1300 in the newly Created Working Plan and research Circle provisionally pending selection of a suitable officer by the departmental Promotion Committee. The fourth respondent was a Deputy conservator of Forests. The petitioner, another Deputy Conservator of Forests who is senior to the fourth respondent and who has also been selected for IFS, impugns the said order in this writ petition. The second respondent is the union of India and the third respondent the Chief Conservator of Forests.
(2.) BEFORE the formation of IFS in 1966, the petitioner, three others and the fourth respondent were all in the State Forest Service as deputy Conservators of Forests. On the formation of IFS, a selection was made for IFS, wherein the petitioner and the three others were selected and the fourth respondent was not selected. The fourth respondent was also dismissed from service once by the State Government, but, the dismissal was altered Into removal from service. Subsequently, since this Court opined that the punishment inflicted on him was too severe, the Government reconsidered the matter and modified the punishment into one of reduction in rank by two places. The petitioner alleges that the State Government has no power to create another post of Conservator of Forests excadre; and that even it the State has such power, the fourth respondent should not have been posted to the same, but the petitioner 'should have been posted, since his lien in the State Service has not been cut by approving his probation in IFS.
At the time of the formation of IFS. there were five posts of Conservators of Forests in Kerala; and the number was reduced to four. Three of these posts were made cadre posts under the Indian Forest Service (Fixation of Cadre Strength) Regulations of 1966 leaving the fourth one alone with the incumbent thereof. The stand of the State Government is that they have power to appoint Conservators of Forests outside the cadre strength of three for ifs. Their claim is that the fourth place existing at the time of the formation of IFS and the present post created by them are excadre posts and State Service personnel may be promoted to those posts.
Under the All India Services Act of 1951, the Indian forest Service (Cadre) Rules of 1966 were promulgated by the Central government. Under R. 3 the IFS cadre was established for the State of Kerala; and taking power under R. 4 the strength and composition of the cadre were also fixed under the Indian Forest Service (Fixation of Cadre Strength) Regulations of 1966 as below; Chief Conservator of Forests. 1 Conservators of Forests. 3 Deputy Conservators of Forests. 15 The other posts we are not concerned with,
(3.) THE first question to be considered Is whether the state Government can create a post of Conservator of Forests excadre. THE power to constitute all India services like IFS is drawn from Art. 312 of the Constitution, which states that if, the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do. Parliament may by law provide for the creation of one or more all India services, etc. IAS and IPS were already all India services in 1947; and in 1951 the All India Services Act was passed providing that, with effect from such date as the Central Government may by notification appoint, there shall be constituted the following all India services: THE Indian Service of Engineers; THE Indian Forest service; and THE Indian Medical and Health Service.
By virtue of this Act the Indian Forest Service (Cadre) Rules of 1966 were promulgated and also the Indian Forest Service (Fixation of Cadre Strength) Regulations of 1966. Under the latter Regulations the strength of the IFS cadre for Kerala was fixed in the Schedule annexed to the Regulations at 19 senior posts under the State Government as already indicated and two senior posts under the Central Government. At that time there were five Conservators of Forests in Kerala, of which three were made cadre posts, one was abolished and the fourth, which was already manned by a State service Officer, was also retained. Now, the Government have passed Ex. P 2 creating a fifth post of Conservator of Forests and appointed the fourth respondent to that post claiming that the fourth respondent is the seniormost deputy Conservator of Forests in the State Service.;
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