Arun Kumar, J. - (1.) The forest service in the State of Orissa was constituted under the Indian Forest Act, 1927 and the Madras Forest Act, 1882. However, in 1972 the State had its own Forest Act. The primary object of the legislation was protection and management of forests in the State. The words forest officer have been defined under the Act to mean persons whom the State Government, or any officer empowered by it in this behalf, may appoint to carry out all or any of the purposes of the Act. A forest officer would include the Principal Chief Conservator of Forest as well as subordinates like Conservator of Forests, Forest Range Officers, Deputy Rangers and Foresters. In the year 1979 the State of Orissa adopted the Antyodaya Programme of the Central Government. Under the said programme Social Forestry Projects were undertaken which envisaged contact with the poorest of poor farmers to educate and train them in matters connected with farming. For purpose of the Social Forestry Projects, ex cadre posts of Forestry Extension Officers (for short FEOs) were created by the State Government. These were project related posts and their expenses were met from special funds raised by the project. The project was for specific purpose and for a specific period and was funded by the Central Government. The duration of the project was, however, extended from time to time in order to fulfil its objective.
(2.) The recruitment for the posts of FEOs was to be made from the open market. The officers were to be given training in raising of seedlings, nursery work etc. so that when they go to the field they could properly motivate and educate the farmers. The minimum qualification prescribed for FEOs was Intermediate with Botany as a subject. After recruitment these officers were to be posted in blocks wherein forestry extension work was undertaken. Certain blocks within the State were selected for such extension work as a part of the Forestry Extension Programme. The FEOs were envisaged as somebody remaining in touch with small farmers at the lowest level in each village block and assessing their requirements of forest species and other species.
(3.) The respondents were recruited as Forestry Extension Officers under the Project from 1979 onwards. The respondents claim that they should be treated as part of the forest service under the Forest Department of the State Government and the posts held by them should have equal pay and equal status with the equal level posts in the Forest Department. They further claim that the posts held by them should be included in the channel of promotion to higher posts in the forest Department. The grievance of the respondents is that they have been stagnating in the posts of FEOs to which they were recruited nearly twenty years ago. According to them though the project has senior level posts of Social Forestry Supervisors but these posts are being filled by getting officers from forest service of the State Government on deputation, thereby the posts are being denied to them. In the matter of pay scales the grievance of the FEOs is that they are being equated with foresters who are neither as qualified as they are nor the foresters discharge such important functions as they are discharging. The minimum educational qualification prescribed for the post of forester in the quota meant for direct recruits at the relevant time was Matriculation only. The FEOs are trained to motivate people under Social Forestry Projects which requires contact with individual farmers and working at the grass root level. On the other hand, officers of the Forest Department of the State are mainly concerned with protecting forests, including forest property, preventing illegal felling of trees, keeping a check on forest contractors in order to ensure that forest produce is not illegally exploited and removed, prevention of poaching of forest animals etc.;