S.MOHAN - (1.) LEAVE granted.
(2.) ALL these cases can be dealt with under a common judgment. Civil Appeal arising out of SLP(C) No. 16531 of 1992 has been preferred by Chandra Gupta and Civil Appeal arising out of SLP (C) No. 16718 of 1992 has been preferred by the Secretary, Department of Forest. These appeals challenge the correctness of the judgment of Central Administrative Tribunal, Lucknow in O.A. No. 170 of 1992 dated 15-9-92 (as amended on 18-9-92). Civil Appeals arising out of SLP(C) Nos. 1264-66 of 1992 preferred by Chandra Gupta are directed against the interlocutory orders dated 21-11-92, 27-11-92 and 21-2-92. (2-12-92?). The parties will be referred to as arrayed in Civil Appeal arising out of SLP(C) No. 16531 of 1992. The Indian Forest Service is an All India Service. It is constituted under Section 2(a) of the All India Services Act, 1951. The appointments to the Indian Forest Service (Recruitment) are made by the Central Government under Rule 4 of 1996 (hereinafter referred to as the Recruitment Rules). Inter se seniority of the officers appointed by the various methods to the Indian Forest Service is determined by the orders issued by the Central Government under the provisions of Indian Forest Service (Regulation of Seniority) Rules of 1968 (for short Seniority Rules) in the Uttar Pradesh Cadre of Indian Forest Service, the following grades are available for promotions of the officers: JUDGEMENT_23_1_1995Html1.htm
(3.) PREVIOUSLY, the post of Chief Conservator of Forest was divided into two categories, namely, 1. Additional Chief Conservator of Forests and 2. Chief Conservator of Forests. Both these posts were borne on the super-time scale of Rs. 5900-6700. However, with effect from 31st of May, 1990 both these posts were redesignated and merged into the category of Chief Conservator of Forests. On the appointment of an officer to the Indian Forest Service by the Central Government under Rule 4(a) of the Recruitment Rules his promotion to the various grades within the State is done by the State Government. While doing so, the State Government must have regard to the statutory Rules and the administrative instructions issued by the Central Government, from time to time. Particularly, regard must be had to Rule 3(3) of the Indian Forest Service (Pay Rules). This is because the Rule lays down the mode of selection to the grade of senior scale/selection grade. That Rule prescribes selection on merit with due regard to seniority. The Government of India have also issued certain guidelines on 31/01/1985 to regulate the manner of effecting promotions. The provisions of Seniority Rules are independent of the various grades of posts to which officers of the Indian Forest Service are appointed from time to time. Rule 5 requires the preparation of the gradation list of State cadre as well as joint cadre of all the officers borne in that cadre and arrayed in the order of seniority. The officers involved in these cases are all India Forest Service Officers of Uttar Pradesh cadre. Their years of allotment of inter se placement in the cadre is as follows: JUDGEMENT_23_1_1995Html2.htm ;