Arijit Pasayat, J. - (1.) Challenge in this appeal is to the legality of judgment rendered by the Chennai Bench of the Central Administrative Tribunal (hereinafter referred to as the CAT). Appellant was applicant in two original application nos. 1188/1993 and 1368/1993. The present appeal relates to OA No. 1368/1993. By the common judgment the original applications of two applicants i.e. the present appellant and one Mr. N. Veeramani were disposed of. In the concerned O.A. claim of the appellant was as follows:Between 6.8.1980 and 14.12.1982 he was holding the post of Divisional Manager, Coonoor Division, Tamil Nadu Tea Plantation Corporation, Coonoor. Between 15.12.1982 and 12.6.1986, he was Sub Divisional Forest Officer in the Social Forestry Division at Tiruchendur. From 13.6.1986 to 12.2.1988, he was Divisional Forest Officer, Social Forestry Division, Tirunelveli. From 13.2.1988 to 22.7.1990, he was Divisional Forest Officer, Social Forestry Division, Ramnad. From 23.7.1990 to 2.6.1991 he was Deputy Conservator of Forests, Kundha Soil Conservation, Coonoor. From 3.6.1991 to 17.6.1991 he was District Forest Officer, Dindigul Division, Dindigul. Finally from 18.6.1991 onwards, he was District Forest Officer, Madurai Division, Madurai. He was appointed to the Indian Forest Service (in short the I.F.S) on 27.3.1992. All the above posts held by him from 6.8.1980 onwards are cadre posts and his long officiation in cadre posts should be taken as continuous officiation for the purpose of fixing his seniority in the I.F.S.
(2.) Stand of the first respondent-Union of India before the CAT and the second respondent- the Government of Tamil Nadu was that the applicant was not a cadre officer and he was also not a Select List Officer, and in the absence of a certificate by the second respondent in terms of Explanation 4 to Rule 3(2)(c) of the Indian Forest Service (Regulation of Seniority) Rules, 1968 (in short the Seniority Rules), the officiation is of no consequence and is fortuitous. The first respondent also took the stand that the applicant being a non-cadre officer, who had officiated in a cadre post beyond the period of six months, cannot claim the service for seniority in the absence of approval from the Central Government and the Union Public Service Commission (in short the UP SC) in terms of Rule 9 of the Indian Forest Service (cadre) Rules, 1966 (in short Cadre Rules).
(3.) CAT accepted the stand of the respondents and held that the appellant was not entitled to any preference in the year of allotment, and the services in officiating posts were not to be reckoned for the purpose of seniority. Accordingly, the prayer was not accepted.;