RANGANATHAN, J. - (1.) THE controversies arising in this batch of cases are by way of sequel to three earlier decisions of this court in regard to the constitution of the Indian Forest Service viz. Kraipak v. Union of India AIR 1970 SC 150, Parvez Qadir v. Union of India 1975-2 SCR 432: (AIR 1975 SC 446) and Union of India v. Chothia (1978) 3 SCR 652 : (AIR 1978 SC 1214). A little historical background is, therefore, necessary to appreciate the problems before us. THE ALL-INDIA SERVICES ACT
(2.) A few months before India gained Independence, a decision was taken that one of the primary needs of the federal constitution envisaged for India would be the setting up of All India Services common to the Centre and to the States. The members were to be recruited from the intelligent youth of the country by competitive examinations of high standard. They were to be free from political control, contented and having a sense of security. The idea was to build up a bureaucracy consisting of efficient officers of integrity and impartiality who could man important administrative posts and make possible the continued governance of the country unaffected by periodical changes in the political set-ups in the Centre and various States consequent on quinquennial elections to the various legislatures in the country. The recruitment to these services and their ultimate disciplinary control was to be with the Union Government but the officers would serve, under the immediate control of the State Governments, on various State cadres. Initially, the All India Services viz. the Indian Administrative Service and the Indian Police Service were created to replace the former Indian Civil Service and Indian Police respectively. The statutory basis for the implementation of the above policy was provided by Chapter I of Part XIV of the Constitution (Articles 308 to 314) supplemented by the All India Services Act, 1951 (hereinafter referred to as "the Act") passed by Parliament as envisaged in Article 312 of the Constitution. The Act, initially applicable to the two Services above mentioned, was extended by Amendment Act 27 of 1963 to cover the constitution of three new All-India Services one of which was the Indian Forest Service ('I.F.S.', for short). S. 3 of the Act empowers the Government of India to make, after consultation with the State Governments, rules for the regulation of recruitment, and the conditions of service of persons appointed, to an All-India Service. Such rules are to be laid, as soon as possible after they are made and for not less than fourteen days before Parliament. THE RULES Pursuant to the amendment of 1963, mutual consultations were held between the Union Government and the various State Governments and the broad pattern 1 already in existence for the Indian Administrative Service and the Indian Police Service was decided to be adopted for the Indian Forest Service also. Once this decision was taken, the statutory rules followed. There were five sets of rules framed between 1966 and 1968 : (i) The IFS (Cadre) Rules, 1966 (ii) The IFS (Recruitment) Rules, 1966 (iii) The IFS (Probation) Rules, 1968 (iv) The IFS (Pay) Rules, 1968 (v) The IFS (Regulation of Seniority) Rules, 1968 Some of the rules relevant for our present purposes may now be set out. (a) Cadre Rules: - The Cadre Rules came into force on 1/07/1966. Rule 3 provides that there shall be constituted for each State or group of States an Indian Forest Service Cadre. The cadre constituted for a State is called a 'State Cadre' and a cadre constituted for a group of States, a 'Joint Cadre'. Rule 4 is important and can be extracted : "4. Strength of Cadres:- (1) The strength and composition of each of the cadres constituted under rule 3 shall be as determined by regulations made by the Central Government in consultation with the State Government in this behalf. (2) The Central Government shall, at the interval of every three years, re-examine the strength and composition of each such cadre in consultation with the State Government concerned and may make such alterations therein as it deems fit; Provided that nothing in this sub-rule shall be deemed to affect the power of the Central Government to alter the strength and composition of any cadre at any time : Provided further that the State Government concerned may add for a period not exceeding one year, and with the approval of the Central Government for a further period not exceeding two years, to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre Posts." Rule 7 empowers the State Government to make the appointments to the State cadre and one of the 'concerned' State Governments to a Joint cadre. Under rule 8, every cadre post has to be filled by a cadre officer. Rule 9 envisages temporary appointments of non-cadre officers to cadre posts. Under rule 10, cadre posts are not to be kept vacant or held in abeyance for a period exceeding six months without approval of the Central Government. Under rule 11, temporary arrangements or leave arrangements could be made enabling a single cadre officer to look after two cadre posts but such arrangements cannot extend beyond 12 months. (b) Recruitment Rules : The Recruitment Rules were also framed simultaneously and came into force on Ist of July, 1966. They contemplate the initial recruitment of the Officers of certain Services already in existence (hereinafter referred to as the State Forest Service or S.F. S. in short). Rules 3 and 4 are relevant for our present purposes. The relevant portions of these rules read as follows : "3. Constitution of the Service :- The Service shall consist of the following persons, namely : - (a) Members of the State Forest Service recruited to the service at its initial constitution in accordance with the provisions of sub-rule (1) of rule 4; and (b) persons recruited to the service in accordance with the provisions of sub-rules (2) to (4) of rule 4. 4. Method of recruitment to the Service (1) As soon as may be after the commencement of these rules, the Central Government may recruit to the Service any person from amongst the members of the State Forest Service adjudged suitable in accordance with such regulations as the Central Government may make in consultation with the State Governments and the Union Public Service Commission (U.P.S.C.). (2) After the recruitment under sub-rule (1), subsequent recruitment to the Service shall be by the following methods, namely : - (a) by a competitive examination (aa) by selection of persons from amongst the Emergency Commissioned Officers and Short Service Commissioned Officers of the Armed Forces of the Union who were commissioned after the Ist November, 1961, and who are released in the manner specified in sub-rule (I) of rule 7A; (b) by promotion of substantive members of the State Forest Service. Rule 6 makes it clear that all appointments to the service are to be made by the Central Government. No appointment can be made except after recruitment by one of the methods specified in rule 4. The appointments of persons recruited to the service under rule 4(2)(a) (i.e. by competitive examination) can only be made to the junior time-scale of pay and the appointments of persons recruited to the service under rule 4(2)(b) (i.e., by promotion of substantive members of the State Forest Service) shall be in the senior time-scale of pay. However, under rule 6A, "an officer in the junior time-scale of pay shall be appointed by the State Government concerned to a post in the senior time-scale of pay if, having regard to his length of service, experience and performance in the junior time-scale of pay, the State Government is satisfied that he is suitable for appointment to a post in the senior time-scale of Pay." Rule 7 deals with the recruitment by competitive Examination, rule 7A deals with recruitment by selection of persons from among officers released from the Armed Forces and rule 8 with recruitments by promotion. Rule 9 provides that the recruitment of persons under rule 8 is not to exceed 33 1/3 per cent of the number of senior duty posts borne on the cadre of that State. c) Pay Rules : The Pay Rules provide for time-scales of pay for the members of the service. There are two scales prescribed, one a junior scale, the top of which is reached after 18 years of service and the other a senior scale which runs over a period of about 22 years. Under rule 4, the initial pay of a member of the service appointed under rule 4(1) of the Recruitment Rules has to be fixed in the junior time-scale of the service at the stage he would have got if he had been appointed in that scale on the deemed date of appointment in the year of allotment. Sub-rule (b) of rule 4(1) contemplates appointment of such an officer simultaneously to a post in the senior time-scale and prescribes the mode of fixation of his salary in the senior time-scale. (d) Seniority rules :- So far as seniority rules are concerned, two rules are relevant for our present purposes. One is the definition of 'senior post' contained in rule 2(g), which reads thus : "2(g) 'Senior post' means - a post included and specified under item 1 of the Cadre of each State in the Schedule to the Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966. and includes; a post included in the number of posts specified in items 2 and 5 of the said cadre, when held on senior scale of pay, by an officer recruited to the Service in accordance with sub-rule (1) of rule 4 or rule 7 of the Recruitment Rules." Rule 3 describes the mode of appointment and the allotment of a year of allotment to every officer appointed to the service. The seniority of officers is determined primarily by the year of allotment and, inter se officers having the same year of allotment, by the principles set out in rule 4. THE REGULATIONS
(3.) IT may be mentioned that the rules contemplate regulations being made by the Central Government in consultation with the State Government on various matters. Some of these regulations are also relevant : 6.(a) Cadre Strength Regulations : The Fixation of Cadre Strength Regulations were framed in exercise of the powers conferred by rule 4(1) of the Cadre Rules. These regulations were first issued by a notification of the Government of India dated 31-10-1966 and were deemed to have come into force with effect from Ist October, 1966. There is only one substantive clause in this regulation, which reads thus : "2. Strength and Composition of Cadres The posts borne on, and the strength and composition of the cadre of, the Indian Forest Service in each of the States, shall be as specified in the Schedule to these regulations." The schedule proceeds to set out the strength and composition of the cadres of various States. In these matters before us we are concerned with the position in regard to three States, : Uttar Pradesh, Maharashtra and Orissa. The provisions of the Schedule in so far as these States are concerned are as follows : JUDGEMENT_269_SUPP1_1988Html1.htm JUDGEMENT_269_SUPP1_1988Html2.htm (b) Initial Recruitment Regulations : The second set of regulations is the Initial Recruitment Regulations framed in pursuance of rule 4(1) of the Recruitment Rules. These regulations are somewhat important for our present purposes and they have to be referred to in some detail. These also came into force with effect from Ist July, 1966. Regulation 3 provides for the constitution of a Special Selection Board (S.S.B) for the purpose of making selections to the service. The S.S.B. consists of a number of officers, one of whom is the Chief Conservator of Forests (C.C.F.) of the State Government concerned. Regulations 4, 5 and 6 have to be set out in full : "4. Conditions of eligibility - (1) Every officer of the State Forest Service who, on the date of constitution of the Service - (a) is holding a cadre post substantively or holds a lien on such post, or (b)(i) holds substantively a post in the State Forest Service, (ii) who has completed not less than eight years of continuous service (whether officiating or substantive) in that Service, and (iii) who has completed not less than three years continuous service in an officiating capacity in a cadre post or in any other post declared equivalent thereto by the State Government concerned, shall be eligible for selection to the Service in the senior scale. (2) Every officer of the State Forest Service who has completed four years of continuous service on the date of constitution of the Service shall be eligible for selection to the Service in the junior scale. Explanation :- In computing the period of continuous service for the purpose of sub-regulation (1)(b) or sub-regulation (2) there shall be included any period during which an officer has undertaken :- (a) training in a diploma course in the Forest Research Institute and Colleges, DehraDun; or (b) such other training as may be approved by the Central Government in consultation with the Commission in any other institution. Preparation of list of suitable Officers :- (1) The Board shall prepare, in the order of preference, a list of such officers of State Forest Service who satisfy the conditions specified in regulation 4 and who are adjudged by the Board suitable for appointment to posts in the senior and junior scales of the Service. (2) The list prepared in accordance with sub-regulation (1) shall then be referred to the Commission for advice, by the Central Government along with:- (a) the records of all officers of State Forest Service included in the list; (b) the records of all other eligible officers of the State Forest Service who are not adjudged suitable for inclusion in the list, together with the reasons as recorded by the Board for their non-inclusion in the list; and (c) the observations, if any, of the Ministry of Home Affairs on the recommendations of the Board. (3) On receipt of the list, along with the other documents received from the Central Government, the Commission shall forward its recommendations to that Government. Appointment to the Service - The officers recommended by the Commission under sub-regulation (3) of regulation 5 shall be appointed to the Service by the Central Government, subject to availability of vacancies, in the State Cadre concerned. (c) The Appointment by Competitive Examination Regulations: We may next refer to the appointment by Competitive Examination Regulations, 1968. All that is necessary for our present purposes is that, under these regulations, a candidate, to compete at the examination must, inter alia have attained the age of 20 and not attained the age of 24 on the Ist day of July of the year in which the examination is held. There is a provision for relaxation of the upper age limit in respect of persons who are directly recruited to the gazetted cadre of the State Forest Service and put in less than 4 years' service (including 2 years' training for Diploma course in the Foreign Research Institute and Colleges, Dehradun) on the Ist July, 1966. But persons who have put in more than 4 years' service in the State Forest Service would not be eligible to appear in these examinations firstly because they would have crossed the maximum age limit and secondly because the provision for relaxation does not ensue in their favour. (d) Appointment by Promotion Regulations : Recruitment by promotion under rule 9(1) of the Recruitment Rules is governed by the Appointment by Promotions Regulations, 1966, which came into force with effect from 1-7-1966. A selection committee is constituted under regulation 3 to select candidates whose conditions of eligibility for promotion are defined in regulation 4. Briefly speaking, the selection committee is to consider the cases of all substantive members of the State Forest Service, who on the first day of January of that year, have completed not less than eight years of continuous service (whether officiating or substantive) in a post not lower in rank than that of Assistant Conservator of Forests. This Committee would then prepare a list of eligible members which, after approval by the U.P.S.C., would be forwarded to the State Government for making appointment to the cadre posts. INITIAL RECRUITMENT ;