- (1.) The incessant dispute of inter se seniority between direct recruits and promotees needs solution in these appeals relating to the incumbents belonging to the cadre of Assistant Conservator of Forests in the Maharashtra Forests Service, Class II.
(2.) Two of the direct recruits approached the Maharashtra Administrative tribunal, Nagpur bench, making a grievance about their seniority qua some promotees. The tribunal after examining the matter in great detail allowed the petition by quashing two of the State government's decisions and directing the respondents before it to determine inter se seniority by following the quota rule. Feeling aggrieved, the State as well as some of the promotees have preferred these appeals.
(3.) There is no dispute before us that the service rule did lay down quota of 1:1 between the promotees and direct recruits. It is also not in dispute that appointment at the relevant time had not been made as per the quota. The real bone of contention between the parties is whether on the facts it could be said that quota rule had broken down, which stand of the appellants did not find favour with the tribunal. Secondly, could it be said that promotions in the present case were not fortuitous, because of which in view of what was held by a Constitution bench of this court in Direct Recruit Class II Engineeringofficers Assn. case the seniority has to be reckoned from the date of promotion.;