SHRIRAM ASISH SINGH NO. II AND ANOTHER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioners are officers in the Forest Department of the State of Bihar and have claimed promotion to the Indian Forest Service. There is also a prayer for quashing the notification (Annexure 10 to the Writ application) whereby respondents 5 and 6 have 'been included in that Service.

(2.) The petitioners were appointed Forest Rangers on 3-4-1951. Their case is that by a memorandum dated the 20th January, 1961 of the Revenue Department (Annexure 1 to the writ application), 17 posts of Junior Forest Officers were created in the Bihar Forest Service. On the 7th August, 1964, the petitioners were promoted to the Bihar Junior Forest Service by a notification (Annexure 2 to the writ application). On the 26th April, 1973, the petitioners were further promoted to the posts of Assistant Conservator of Forests by the notification, as contained in Annexure 4 to the writ application. The Indian Forest Service was constituted under the provisions of the All India Service Act, 1951 and the petitioners, by virtue of being members of the Bihar Forest Service, were eligible for being promoted to the Indian Forest Service, but under erroneous interpretation of the law, they were held to be ineligible. They unsuccessfully represented in the matter. Ignoring the claim of the petitioners, the Respondents 5 and 6 were promoted, which necessitated the filing of the present writ application.

(3.) The All India Services Act was enacted in 1951 for regulating the recruitment and conditions of service of persons appointed to the All India Service common to the Union and States. In 1963, provision was made by the amendment of the Act for constitution of the India Forest Service. Section 3 of the Act provided for rules to be made by the Central Government after consultation with the State Government for regulation of recruitment and conditions of service. Accordingly, the Indian Forest Service (Recruitment) Rules, 1966 were framed and came into force with effect from 1-7-1966. They will be referred to hereinafter as 'the Rules'. The term 'Service' in the rules means the Indian Forest Service, as indicated in S. 2 (d). The 'State Forest Service' has been defined in S. 2 (g) which provision has been the subject-matter of great controversy in the present case. The relevant portion of the definition is quoted below: