TRILOK S BHANDARI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for writ of mandamus commanding the respondents to prepare a select list strictly in accordance with the directions issued by the Honble Apex Court in the case of Union of India Vs. Vipinchandra Hiralal Shah, (1996) 6 SCC Page 721, followed by Ahmedabad Bench of Central Administrative Tribunal in the case of Nausingbhai A. Chandhari Vs. Union of India as the respondents have done in case of identically situated State Forest Service Officers of Gujarat State. Further, a writ of mandamus is sought commanding the respondents to adjust the U.P. State Forest Service Officers who were selected and promoted in pursuance of select list of 1996 and allotted year 1992 and do not figure in select list of 14.9.2004 and appointment (by promotion) notification dated 08.07.2005 may be adjusted as per directions issued by the Honble Apex Court in Vipinchandra Hiralal Shah case (Supra).

(2.) THE recruitment to the Indian Forest Service (hereinafter referred to IFS) is done in accordance with the provisions contained in Indian Forest Service (Recruitment) Rules, 1966. Rule 4(2) of the aforesaid Rules provide the recruitment to service as under: -

(3.) THE promotion from the post of the State Forest Service Officers is made according to the provisions of Indian Forest Service (Appointment by promotion) Regulations, 1966. The petitioner and other 28 persons were promoted by notification No. F. No. 17013/20/95 -IFS -II dated 06.09.1996 issued by Government of Uttar Pradesh. All the persons mentioned in the list who were promoted vide order dated 07.09.1996 had joined the I.F.S. and were posted accordingly and all these officers have been allotted the year of allotment as 1992 and their seniority in the I.F.S. was also fixed by G.O.I. MOEF Order No. 17012/20/95 - IFS II dated 16.09.1996. The name of the petitioner and few other officers promoted vide order dated 07.09.1996 were not mentioned in the select list dated 14.09.2004 and appointment (by promotion) notification dated 08.07.2005 which has been prepared in compliance of the direction issued by the Central Administrative Tribunal which reads as under: -