SHYAMAL KUMAR SARKAR Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
SHYAMAL KUMAR SARKAR
UNION OF INDIA
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(1.)THE petitioners in this rule, who are fifteen Assistant Conservators of Forests of the West Bengal Senior Forest Service, have challenged the creation of the All India Forest Service encadreing higher cadre posts of the senior State service to the All India, service and also the selections and appointments to such posts. The petitioners' case as stated in the petition is as follows : Originally there was the Imperial Forest Service also known as the Indian Forest Service on All India basis and posts borne on the cadre of the said service were the Chief Conservator of Forests, Conservators of Forests, Deputy and Assistant Conservators of Forests and appointments were made by the Secretary of State for India in Council. The provincial Forest Service for Bengal was recruited and controlled by the then Provincial Government of Bengal and its cadre consisted of posts of Extra Assistant Conservators of Forests. Since 1935, recruitment to the Imperial Forest Service which was initially manned by Europeans with gradual Indianisation subsequently was abolished and by 1947 with the transfer of power, the European members left. In 1938-40 Bengal Senior Forest Service was created by the Government of Bengal to take the place of Imperial Forest Service in due course and after creation of State of West Bengal, in 1947, the service was re-designated as West Bengal Senior Forest Service while the Bengal Forest Service was re-designated as West Bengal Junior Forest Service. The said senior service was allotted a cadre consisting of the following posts. Chief Conservator of Forests 1 post conservator of Forests3 posts deputy Conservator of Forests 40 posts conservator of Soil Preservation 1 post 45 posts.
(2.)THE Senior Service is on an unified scale of pay except the posts of Chief Conservator and Conservators which are on special scale. An Assistant Conservator of Forests is entitled after tenth stage in the time scale to be designated as the Deputy Conservator of Forests and also to go up to the highest stage of time scale of Deputy Conservator. He is also entitled to be appointed to the said higher posts of Chief Conservator and Conservator of Forests and no person other than a member of the Senior Service could be appointed to such posts.
(3.)IN 1963, the All India Services Act, 1951 was amended by Constitution, amongst others, of the All India Forest Service. Under provisions of the said Act, the Central Government framed various rules and relations relating the said service. The Indian Forest Service (Cadre) Rules, 1966, provided inter alia a cadre for each State or group of States, to be filled by cadre officer which means a member of the said service. By the Indian Forest Service (Fixation of Cadre strength) Regulations, 1966 framed under the said rules, the Central Government fixed the strength of the cadre of the said service, to 43 posts for West Bengal, including one post of Chief Conservator of Forests and three posts of Conservators of Forests; excluding some reservations of these posts, only one third i. e. about 14 posts are to be filled by promotion while 29 posts to be filled by direct recruitment.
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