Fix inter-se seniority of Forest Rangers based on OM: Gauhati HC to Forest Department

Staff Reporter

GUWAHATI: The bench of Justice Suman Shyam directed the Department of Environment and Forest, Assam, to fix the inter-se seniority of the Forest Rangers of the 1989–91 batch by following the mandate of office and thereafter, publish the final gradation list of Forest Rangers for the relevant period. The Court further said that based on the final gradation list, consequential seniority and other service benefits would be given to the writ petitioners in the promotional posts. The department shall also consider the claim of the petitioners for promotion to the rank of DCF/DFO by taking into account their seniority position in the feeder cadre. The bench asked the department to carry out and complete the process within a period of three months.

With their writ petitions, Kushal Konwar Deka and five others moved the court to determine the validity of the criteria adopted by the departmental authorities for fixing the inter-se seniority amongst the Forest Rangers recruited during 1989–91.

On February 28, 1989, the Secretary to the Assam Public Service Commission (APSC) issued a notification inviting applications for 18 stipendiary studentships for the 1989–91 Rangers Course in Forestry for the State Forest Department, Soil Conservation Department, and District Council at the Eastern Forest Rangers College, Kurseong, which was scheduled to commence on May 1, 1989. In response to the said advertisement, the writ petitioners had submitted their candidature. On June 20, 1989, the APSC published the result of the competitive examination (written and interview) conducted for the selection of candidates for the Rangers Course in Forestry, 1989–91, containing the names of 44 candidates. On July 28, 1989, the APSC issued a notification, publishing a select list of 18 candidates to undergo training at the Rangers Course in Kurseong. The names of the writ petitioners were figured in the APSC select list dated July 28, 1989, the order said.

Accordingly, the selected candidates were subjected to training in forestry. After completion of the training programme, the 18 successful candidates, including the writ petitioners, were absorbed into the department as Forest Rangers. However, the names of the private respondents did not appear in the APSC select list. It appears that some of the unsuccessful candidates, including the private respondents, had submitted a representation before the Secretary to the Government of Assam, Department of Forest, Dispur, praying for their absorption as Rangers. It was contended that despite facing stiff competition and even after undergoing a rigorous selection process, they were not appointed as Forest Rangers. Acting on such a request made by the private respondents, the Deputy Secretary to the Government of Assam, Forest Department, issued a notification dated November 20, 1989, publishing the list of another 15 candidates, including the private respondents, thus recruiting them for the purpose of undergoing training in the Rangers Course in Forestry at North East Forest Rangers College at Jalukbari. It is to be noted herein that by that time, the training course for the writ petitioners had already commenced. Based on the notification dated November 20, 1989, the private respondents were also subsequently appointed as Forest Rangers, although their names were not included in the original list of selected candidates published by the APSC. It would be pertinent to mention herein that there is no dispute about the fact that the appointment of the private respondents was not based on the APSC select list.

The conflict arose on October 16, 2006, when the impugned draft gradation list was published, whereby the seniority positions of the Forest Rangers were altered and the private respondents were assigned a higher seniority position over the writ petitioners. Thereafter, through a notification dated November 9, 2012, the private respondents were promoted to the rank of Assistant Conservator of Forest (ACF) by ignoring the seniority position of the writ petitioners. Aggrieved thereby, the six writ petitioners had jointly approached this Court by filing WP(C) No. 6723/2013, inter alia, praying for quashing the order of promotion dated November 9, 2012, as well as the gradation list published on October 16, 2006. In the said writ petition, a prayer was also made before this Court to issue a writ of mandamus to finalize the gradation list published on the basis of notification dated December 20, 2005 and to promote the writ petitioners to the post of Assistant Conservator of Forest against the existing vacancies.

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