TaxTMI 
TaxTMI 
2010 (3) TMI 1152
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....by way of promotion from the post of Forester or by direct selection. Rule 3 of the 1969 Rules stipulated that a candidate to be eligible for appointment by direct selection should possess a minimum educational qualification of intermediate examination of any recognized university or its equivalent examination comprising of subjects specified therein. Rule 7 lays down that the candidates have to undergo a selection process consisting of a written test and interview. Rule 10 states that the finally selected candidates have to undergo the Rangers course which reads as follows:- "The candidate finally selected will be required to undergo training for the Rangers Course at the Northern Forest Rangers College, Dehradun or Southern Forest Rangers College, Coimbatore for a period of two years. 4. Rule 11 says that the State Government would bear the costs for the training and that during the period of training the candidate shall receive stipend, emoluments and other allowances if any, as fixed by the Government from time to time. Rule 13 deals with appointment, which reads as follows:- "On successful completion of the Training Course from the Ranger's College, the ca....
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....he date of joining the service. 8. 1974 Rules were later amended by the Government of Gujarat invoking the powers conferred under which the proviso to Article 309 of the Constitution vide Rangers (Subordinate Forest Service Recruitment Examination (Amendment Rules) 1979, (in short '1979 Rules). Clause 1 of Rule 8 was substituted by stating that a candidate must possess a bachelor's degree in Science or Agriculture of any university recognized by the Government of Gujarat instead of the passing the intermediate examination so as to be eligible for writing the competitive examination conducted by the GPSC for recruitment to the post of Rangers. Rule 18 of the 1974 Rules was also later amended by the Rangers (Subordinate Forest Service) examination Rules, 1983 (in short '1983 Rules) on 25th November, 1983, substituting the period of two years as one year training. 9. The Government of India had vide its letter No.3-42/77-FRY-1 dated 29th May, 1979 announced the duration of the courses at various central Rangers Colleges and State Forest Rangers Colleges. Northern Forest Rangers College, Dehradun, U.P., Central Forest Rangers College, Chandrapur, Maharashtra and Southern Forest R....
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....ng course from the Rangers College, a candidate shall be appointed as Ranger if he passes the higher standard certificate. Rule 14 of 1969 Rules and Rule 22 of 1974 Rules state that the seniority of Rangers shall be governed by their respective ranks in the final examination irrespective of the dates of joining the service. Both the non-graduates of 1979-81 batch as well as the graduates of 1980-81 batch are governed by the above mentioned Rules with regard to their inter-se seniority. 13. The non-graduates (1979-80 batch) who had to undergo training for two years at Gujarat Forest Rangers' College, Rajpipla, submitted representation in February 1981 to the Chief Conservator of Forest, Vadodara claiming seniority over (1980-81 batch) contending that they could join service late not due to their fault, but due to the fact that they had to undergo two years training course while the candidates of 1980- 81 batch were permitted to take an integrated Training course the duration of which was one year, with the result that they could join Service earlier than the (1979-81 batch) which, according to them, was illegal and discriminatory and had adversely affected their seniority in serv....
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....ng is required to be given to those whose educational qualification is less. Therefore, for longer training the appointment was made late. Therefore, it has not been found proper to make any change in the seniority. This means that the Ranger Forest Officers of 1980-81 Rangers Course were given appointment first (in point of time) on completion of training on 28th February, 1981, whereas the training of Range Forest Officers of 1979-81 Rangers Course was completed on 31st March, 1981 and therefore, they were given appointments as Ranger Forest Officers subsequently, and therefore, they will not be getting seniority over the Range Forest Officers of the year 1980-81, as decided by the Government. Therefore, the seniority of Shri Vankani in gradation list of 1983 is at proper place in view of the said decision." 16. Later, a provisional gradation list of Range Forest Officers as it stood on 01.01.1989 was published by the Department wherein also the respondents were shown as seniors to the appellants. Above mentioned gradation lists and the various orders issued by the Government/ Department were never challenged by the appellants before any forum. The first appellant, and others ....
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....99 which was allowed by the Division Bench of the Gujarat High Court holding that the respondents herein are entitled to seniority from the date of their appointment after completing the Rangers Course with higher standard certificate and that their inter-se seniority would be governed by Rule 22 of the 1974 Rules. Further, it was also held that the contesting respondents (appellants herein) would take their seniority from the date of their appointment as Rangers after completing the Rangers Course with higher standard certificate and that their inter-se seniority would also be governed by Rule 22 of the 1974 Rules. The impugned order dated 29th September, 1993 issued by the Government was also quashed. Aggrieved by the above judgment the appellants have come up with this appeal, with leave to appeal. 19. We find while the SLP was pending, the Government passed a resolution on 19.07.2007 treating the training period also for the purpose of seniority, increment and pension which according to the respondents was to get over, the judgment of the Division Bench. A Special Civil Application No.5297 of 2009 was preferred by one Assistant Conservator of Forest before the Gujarat High C....
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....d that the Government has committed a grave error in revoking the Resolution dated 19th January, 2007 by not reckoning the training period for the purpose of seniority. Learned counsel further submitted that when the appellants and the respondents were selected in the year 1979 and 1980 the rule stipulated two years training and hence there was no justification in reducing the training period to one year, so far as the respondents are concerned. Learned counsel submitted that the training period ought to have been reckoned for the purpose of seniority, increment, pay and pension and the Government was not justified in revoking the Resolution dated 19.7.2007, by another Notification dated 15th January, 2010 while the matter was pending before this Court. 21. Learned senior counsel also submitted that the Government was justified in issuing the Note dated 29.9.1993 holding that the candidates of 1979-81 batch should be placed above the candidates of 1980-81 batch in the seniority list and that the continuous officiation should reckon from the date of commencement of the training and not from the date of appointment. In support of his contention, learned counsel referred to the jud....
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....hey Ram Sharma vs. Haryana S.E.B.,, 1994 (supp) 1 SCC 276. Reference was also made on the decision of Apex Court in K.R. Mudgal vs. R.P. Singh (1986) 4 SCC 531. Ms. Hemantika Wahi, learned counsel for the respondents also endorsed the view of the respondents and also referred to the counter affidavit filed by the State Government in support of their stand. 23. We are of the view that the Government has committed a grave error in unsettling the inter se seniority of the graduates and non- graduates which was settled as early as in the year 1982. The State Government in its letter dated 12.10.1982 had taken the view that two years' training was imparted to non-graduates of 1979-81 batch and one year training was imparted only to graduates of 1980-81 batch since candidates with lesser qualification required through training compared to the candidates with higher qualification. Due to this basic difference in the educational qualification between the 1979-81 and 1980-81 batches, the Government took a conscious decision that it was not proper to unsettle the settled seniority even if there was delay in the appointment of non-graduates. Subsequent to that decision, three gradation lis....
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.... in one's service career. Future promotion of a Government servant depends either on strict seniority or on the basis of seniority-cum-merit or merit-cum-seniority etc. Seniority once settled is decisive in the upward march in one's chosen work or calling and gives certainty and assurance and boosts the morale to do quality work. It instills confidence, spreads harmony and commands respect among colleagues which is a paramount factor for good and sound administration. If the settled seniority at the instance of one's junior in service is unsettled, it may generate bitterness, resentment, hostility among the Government servants and the enthusiasm to do quality work might be lost. Such a situation may drive the parties to approach the administration for resolution of that acrimonious and poignant situation, which may consume lot of time and energy. The decision either way may drive the parties to litigative wilderness to the advantage of legal professionals both private and Government, driving the parties to acute penury. It is well known that salary they earn, may not match the litigation expenses and professional fees and may at times drive the parties to other sources of money mak....
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....andidates of 1980-81 batch with graduation as qualification would undergo the course, the duration of which was one year. Such a decision was taken, evidently due to the reason that Rule 10 of 1969 Rules and Rule 18 of 1974 Rules were found to be unworkable. Even now 1969 Rules, 1974 Rules refer to NFR College, Dehradun and South FRC Coimbatore, though those colleges had done away with two years course years back but necessary amendments are yet to be carried out in those Rules. Before 1980-81 batch was selected the educational qualification was amended, but in Rule 18, the period of two years was substituted as one year only vide Notification dated 25th November, 1983 and necessary amendments are yet to be carried out in Rule 10 of 1969 Rules. 27. Strict interpretation of Rule 10 of 1969 Rules and Rule 18 of 1974 Rules was unworkable and literal interpretation would have resulted in absurd results. When the educational qualification prescribed was pass in intermediate examination, the legislature wanted the candidates to undergo training for two years. But, when the higher educational qualification of graduation was prescribed the statute was silent as to the period of training....