Jagdish Sahai, J. - (1.) RAMANAND Gairola, the petitioner (hereinafter referred to as the petitioner) is a member of the U. P. Forest Service and holds a gazetted post. He was originally recruited in the Subordinate Forest Service of this State in 1934. In 1946 he was taken in the U. P. Forest Service in the war services quota. It is alleged that at present, he is a confirmed Assistant Conservator of Forests in this State. He has averred that he was selected for the post of Conservator of Forests by a Committee appointed for that purpose and held that post till 3rd of February, 1967.
(2.) IN 1951 the All India Services Act was passed by the Central Legislature. In the Act, as passed, there was provision for only two All India Services, that is, the Indian Administrative Service and the Indian Police Service. The Act was amended in 1963 and three more All India Services were created, that is, the Indian Service of Engineers, the Indian Forest Service and the Indian Medical and Health Service. By means of a notification dated 1st September, 1966, published in the Gazette of India dated 17th of September, 1966, the Indian Forest Service (Cadre) Rules, 1966 were published. Rule 3 of the aforesaid Rules (hereinafter referred to as the Rules) provides that:-- "There shall be constituted for each of the States a Committee consisting of the Chairman of the Commission or where the Chairman is unable to attend, any other member of the Commission representing it and the following other members....." By means of a notification dated 31st of October, 1966, the strength and composition of the various States Cadres were fixed. For our State (Uttar Pra-desh) Senior Posts in the cadre were fixed at 76. Of these 48 posts were of Deputy Conservator of Forests, 9 of Conservator of Forests, 1 of Conservator of Forests, Working Plan Circle, one of Chief Conservator of Forests, 1 each of Forest Extension Officer, Chief Wild Life Warden and Timber Supply Officer, 2 of the Deputy Conservator of Forests, Foresters, Training Division, two of the Silvicul- turist, one of the Deputy Conservator of Forests, Forest Resources Survey Division and 7 of the Working Plan Officer. Six senior posts were reserved for employment in the Central Government, Thus the total strength of the U. P. Cadre was fixed at 82.
(3.) THE Rules also provide that in the U. P. Cadre of the Indian Forest Service 27 posts would be held by persons promoted from the State Forest Service and 52 by persons who are directly recruited.;