(1.) The petitioner, an Assistant Conservator of Forest (Junior Scale), who stood retired on 31-7-1991 featured in the gradation list of Assistant Conservator of Forest (confirmed) Annexure-A/2 at serial No. 99, as on 1-4-1991. The petitioner as set forth, was entitled for the senior scale with effect from 9-1-1982 after six years of his first appointment in the State Forest Service as an Assistant Conservator of Forest 9-1-1976. The petitioner is also entitled for selection grade after completion of 10 years of total service from his appointment in the State Forest Service with effect from 9-1-1986.
(2.) As pleaded, the respondent vide order dated 23-11-1992, Annexure-A/1, sanctioned senior scale to the petitioner with effect from 1-5-1990 instead of 9-1-1982. Being aggrieved by the said action of the respondent the petitioner submitted a representation on 5-4-1993. Annexure-A/3 to the competent authority for redressal of his grievances. It is contended that prior to 1-4-1981 in the cadre of Extra Assistant Conservator of Forest (subsequently designated as Assistant Conservator of Forest) 10% posts were of selection grade and pay-scale of the same was Rs. 425-900 and Rs. 900-1100 respectively. In pursuance of the recommendations of the Chaudhary Pay Commission the selection grade post of the said cadre was increased to 20% and pay-scale of the same was increased to Rs. 1000-1920 and Rs. 1800-2100 respectively. Chowdhary Pay Commission recommended three tier pay-scale for Deputy Collectors and Deputy Superintendent of Police of State and the State Government accepted the same as Junior Scale : Rs. 1000-1920 (45%). Senior Scale Rs. 1370-2100 (40%) and Selection Grade : Rs. 1860-2400 (15%). The Department of Forest also accepted the above situation as is evident from 'Sankshepika' dated 13-3-1986, Annexure- A/4 for providing opportunities for promotion to Assistant Conservator of Forests in three tier pay-scales as of Deputy Collectors and Deputy Superintendent of Police were proposed. It was also proposed to keep the 40% posts in Senior Scale and 15% posts in Selection Grade having the pay-scales of Rs. 1370-2100 and Rs. 1860-2400 respectively. In the proposal it was stipulated that opinions have been received from the General Administration Department and the Finance Department. It has been opined by the General Administration Department that having parity with the State Civil Service and State Police Service a three tier pay-scale for State Forest Services has to be considered for the purpose of sanction. Three tier pay-scales have to be sanctioned in accordance with the terms of the State Civil Services and State Police Services so that parity could be maintained. The Finance Department did not have any objection in providing three tier pay-scales to the State Forest Services like Deputy Collectors and Deputy Superintendent of Police.
(3.) As set forth, on 30th March, 1986 the Cabinet took the decision on the said proposal and ordered that that three tier salary structure would be made applicable from the same date which was extended to the salary of State Civil Services and State Police Services. The Forest Department in compliance with the abovementioned decision of the Cabinet vide its Circular No. F-7/1/85/10-1, dated 19-4-1991, Annexure-A/5 issued an order for implementing three tier pay- scales to the Assistant Conservator of Forest cadre of State Forest Service. By virtue of the same the Junior Scale became Rs. 1000 /-1920 with effect from 1-4-1981, Senior Scale Rs. 1370-2100 with effect from 14-10-1982 and the Selection Grade Rs. 1860-2400 with effect from 1-4-1981.