Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala State Subordinate Service Rules 1966: Rules 2(a) and 8 24 Service Law: Kerala Forest Service Special Rules 1958: Rules 2 Kerala Service Rules: R. 18 27 and 31 20 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law :Kerala Forest Service Special Rules; 1966: Rules 2(a) and 8. Seniority-Assistant Conservator of Forests--Promotees and Direct recruits-lnter-se determination of-Stopgap appointment-Rangers were appointed as Assistant Conservator of Forests temporarily as a stopgap arrangement-However; their appointments were regularised before appointment of direct recruits who were then undergoing training-Held : Such appointment did not entitle seniority to the Rangers in the State Forest Service-Hence, the said Rangers could no( claim seniority over tile direct recruits even though they were appointed earlier than the direct recruits-Direct recruits who were undergoing training were available for appointment and, the ref ore, appointment by transfer is not permissible--Kerala State Subordinate Service Rules 1958, Rr. 2, 20, 24, 27 and 31-Kerala Service Rule.1-R. 18.Seniority-Promotees and Direct recruit-Inter-se determination of-Promotion in excess of quota-Held, cannot prejudice rights of direct recruits. Appointment-Nature of-Held, person appointed to a service or post temporarily or provisionally as a stopgap arrangement cannot be considered as one who has been appointed to that service or post.The appellants who were Rangers of Kerala Forest Subordinate Service were promoted as Assistant Conservators of Forests before 1.5.1978. The services of Assistant Conservators Forests were governed under Kerala Forest Service. The appellants filed a writ petition before the High Court claiming that the appellants should be treated as senior to the direct recruits- respondents who were appointed as Assistant Conservators of Forests on or after 1.5.1978.The High Court dismissed the petition on the grounds that the appellants' initial appointment was by way of temporary stopgap arrangement, that in a sample appointment order in respect of one of the appellants it was clearly mentioned that the promotion was provisional under Rule 9(a)(i) of the Kerala State and Subordinate Service Rules, 1958; and that the appellants while officiating as Assistant Conservators of Forests were given promotion as Senior Grade Rangers w.e.f. 1.7.1978. Hence this appeal. On behalf of the appellants it was contended that the appellants were appointed long prior to the appointments of the respondents and, therefore, the appellants must be given seniority over and above the respondents; and that though the appointments of the appellants were temporary, the Government had regularised those appointments prior to the appointments of the respondents and, therefore, they were entitled to claim seniority over the respondents. |
Judge | Hon'ble Mr. Justice K. Venkataswami |
Neutral Citation | 1998 INSC 330 |
Petitioner | C.k. Antony |
Respondent | B. Muraleedharan And Ors. |
SCR | [1998] Supp. (1) S.C.R. 280 |
Judgement Date | 1998-09-01 |
Case Number | 11527 |
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