Indian Forest Service (Recruitment) Rules, 1966 – r.2(g) – “State Forest Service” – Meaning – Andhra Pradesh Forest Service Rules, 1997 – Indian Forest Service (Appointment by Promotion) Regulations, 1966 – Having regard to the provisions of the Recruitment Rules, more particularly the expression “State Forest Service” as defined in r.2(g), whether any service in a State connected with forestry having members of gazetted status is required to be approved by the Central Government in consultation with the State Government or is the approval of the Central Government relatable to and required in respect of a post in the State Forest Service – If it is answered that approval is relatable to the service and not post, what relief is the appellant entitled to:
Held: Post of Forest Range Officer (FRO) is included in the Andhra Pradesh Forest Service and members of such service having gazetted status would count as members of the State Forest Service, i.e., the Andhra Pradesh Forest Service, provided such service has been approved by the Central Government in consultation with the State Government for the purpose of the Recruitment Rules – Members of Class A of the Andhra Pradesh Forest Service, including those in categories 2 and 3, are members of the State Forest Service if substantively appointed – Thus, are eligible for promotion to the Indian Forest Service (IFoS) in accordance with the Recruitment Rules – As and when the exercise for filling up vacancies in the IFoS is initiated afresh, the respondents to follow all the rules relating to recruitment and consider the FROs eligible for appointment by promotion treating the Andhra Pradesh Forest Service as ‘State Forest Service’ as defined in r.2(g) of the Recruitment Rules – Impugned judgment reversing the order of CAT directing to treat the FROs as SFS officers and consider appointment of the appellant to IFS on promotion, set aside – However, on facts, cause of action for the appellant to be considered for promotion arose after completion of continuous substantive appointment for eight years but, having not ventilated his grievance any time before January, 2021 and having taken time to approach the Tribunal, the appellant cannot be granted any relief in respect of past exercises undertaken for promotion. [Paras 10, 13, 20-22]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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