VENKATASWAMI, J. - (1.) IN all these appeals, the vexed and unending question of seniority between the direct recruits and promotees arises for our consideration.
(2.) IN these appeals, the question relates to a dispute that has arisen in the cadre of Assistant Conservator of Forests, whose services are governed under the Kerala Forest Service. It is common ground that recruitment to the cadre of Assistant Conservator of Forests (hereinafter called the "A.C.F.") is directly as well as by transfer. The proportion between the direct recruits and recruitment by transfer is also fixed as 3 : 2 in the Kerala Forest Service Special Rules. The seniority of a directly recruited A.C.F. has to be determined by the date of his appointment as probationary Assistant Conservator. It is the claim of the promotees-appellants that they were appointed by promotion as Assistant Conservator of Forests long before 1-5-78, on which date the first respondent in Civil Appeal No. 11527/95 was appointed as a probationary Assistant Conservator. The other two directly recruited Assistant Conservators were appointed as probationary Conservators subsequent to 1-5-78. Therefore, the dispute centres round the claim of the appellants whether they were appointed before 1-5-78 and whether such claim is sustainable under the relevant Kerala Forest Service Special Rules and also the Kerala State and Subordinate Service Rules. We may at once point out that the first respondent in Civil Appeal No. 11527/95 was appointed in the cadre in accordance with the above-mentioned rules on 1-5-78, is not in dispute. Likewise, the fact that seniority of that respondent has to be reckoned on and from 1-5-78, is also not controverted. However, it is the case of the directly recruited Assistant Conservators in these appeals that the appointments of the appellants, if any, prior to 1-5-78 were all under Rule 9 (a) (i) of the General Rules and the same cannot be taken into account for the purpose of inter se seniority. According to them, the inter se seniority can be reckoned from the date of regular appointment as Assistant Conservators in accordance with the Rules, in particular, Rule 2 read with Rule 8 of the Special Rules. Before considering the appeals further, it is necessary to set out the relevant Service Rules.
(3.) KERALA Forest Service Special Rules, Rule 2. Appointment - (a) Appointment to the several categories of the service shall be made as follows :- JUDGEMENT_630_6_1998Html1.htm Explanation :- Direct recruitment and recruitment by transfer from among Rangers shall be in the proportion 3:2 to the category of Assistant Conservators and the ratio shall be applicable only to the extent to which qualified and suitable candidates are available in each of the two categories. In the absence of the required number of direct recruits to be appointed against the vacancies apportioned to them, such vacancies shall also be filled up by recruitment by transfer and vice versa. Provided that substantive vacancies alone in the category of Assistant Conservators shall be filled up in accordance with the seniority of approved probationers. Rule 8. Seniority - The seniority of a directly recruited Assistant Conservator shall be determined by the date of his appointment as probationary Assistant Conservator. Where such date is the same in the case of two or more members, the seniority inter se shall be determined by their rank in the pass list issued by the Forest College, Dehra Dun. Kerala Service Rules Rule 18 (a) - The Government shall suspend the lien of an officer on a permanent post which he holds substantively if he is appointed in a substantive capacity - (1) To a permanent post outside the cadre on which he is borne, or (2) Provisionally to a post on which another officer would hold a lien had his lien not been suspended under this Rule. ;