Sri P.J. Vijayakar vs The Union Of India & Ors.

PER: RAJINDER SINGH DOGRA, MEMBER (J): This O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

The brief facts of the case as submitted by the applicant in the OA are that – he appeared in the Indian Forest Service Examination, 1992 and cleared the same. In the merit list published by the UPSC, the applicant was placed at SI. No. 31 and the respondent No. 5 was placed at Sl. No. 35. The service of applicant as well as respondent No. 5 was confirmed vide notification dated 01.11.2000 wherein the applicant was placed above the respondent No. 5. In all promotion orders,s creening committee meetings and JCA minutes considering promotion of applicant vis-a-vis the respondent No. 5, the applicant was shown senior to the respondent No. 5. The process of upgradation of IFS Civil list 2023 was initiated in the month December, 2022. The respondent No. 5 in the capacity of Additional PCCF (Admn. &Vig.) after obtaining due approval of respondent No. 3, furnished the draft Civil List 2023 of Assam-Meghalaya Cadre as on 01.01.2023 with necessary corrections vide his communication dated 09.12.2022 wherein also the applicant has been shown senior to the respondent No. 5. At no point of time in last 30 years, the respondent No. 5 objected the settled seniority position of applicant just above him. The draft IFS Civil List 2023 was finalized by the Government of India and in the said final IFS Civil list also, the applicant has been shown above the respondent No. 5 in the matter of seniority.

Both applicant and private respondent No. 5 are eligible for promotion to the next higher post of PCCF In HAG+ scale at Level- 16 and the applicant being senior to the respondent No. 5 is entitled to get his case considered for promotion to rank of PCCF subject to suitability. Under such factual backdrop, the respondent No. 5 to take a march over the submitted a representation dated 01.07.2023 praying for alteration of his seniority position and place him above the applicant altering 30 years of settled seniority position. The Government of India acceding to the prayer of the applicant issued impugned communication dated 19.10.2023 re-determining the seniority after 30 years placing the respondent No. 5 above the applicant and said decision was communicated for the first time to the applicant vide communication dated 01.11.2023. The Rule 5 of Indian Forest Service (Regulation of Seniority) Rules, 1997 provides that gradation list shall be prepared every year for each State Cadre and Joint Cadre consisting of the names of all officers borne on that Cadre arranged in order of seniority. Till date no gradation list has been published by the cadre controlling authority as per Rule 5 and in the absence of such gradation list, the IFS Civil List 2023 is the only document to determine the seniority. Therefore, the seniority position of the applicant as provided in the IFS Civil List 2023 is correct and same cannot be altered after 30 years of settled seniority position.

Sri I. Borthakur for Sri D. Gogoi, learned counsel for respondent Nos. 2, 3 & 4 has submitted that the respondent no. 5 had submitted a representation dated 01.07.2023 before the Environment and Forest Department, Government of Assam highlighting a discrepancy in seniority in the IFS Civil List and IFS Gradation list. It was highlighted by the respondent no. 5 that his All-India Seniority Number is 0293 whereas the applicants' All India Seniority Number is 0299, thus he is senior to the applicant as per the Gradation list. However, it was pointed out that the name of the respondent no. 5 was below the applicant in the IFS Civil List. It was then requested by the respondent no. 5 to look into the matter. Said letter was forwarded by the office of the PCCF & HoFf, Assam vide letter dated 11.07.2023 to the office of the Addl. Chief Secretary to the Government of Assam, Environment & Forest Department (Annexure-R/2 colly). In response to the said letter, the Ministry of Environment, Forest and Climate Change issued a letter dated 19.10.2023 (Annexure-A/2) brining about clarification in the matter of seniority between the applicant and the private respondent No. 5 enclosing the seniority list of the IFS year of allotment 1993 (1992 Exam) issued vide letter dated 15.03.2005 (Annexure-A/3). Inferring from the list contained in the letter dated 15.03.2005, it was stated that the respondent No. 5 (placed at Sl. No. 18) is placed senior to the applicant (placed at Sl. No. 24); therefore, respondent No. 5 may be treated as senior to the applicant. Upon receiving the clarificatory letter dated 19.10.2023, the office of the Under Secretary to the Government of Assam, Environment and Forest Department duly informed the same to the applicant vide letter dated 01.11.2023 (Annexure-A/1).

Sri R. Hazarika, learned Addl. CGSC for the respondent No. 1 has submitted that Indira Gandhi National Foundation Academy sent proposal for inter-se-seniority of IFS officers appointed on the basis of results of IFS examination 1990. 1991 and 1993 to the Ministry vide letter dated 09.06.1998. Both applicant and private respondent No. 5 are 1993 Batch (1992 IFS Exam). In accordance to the Rule 11 of Indian Forest Service (Probation) Rules, 1968 (Annexure-R/2), the MoEF&CC issued inter-se-seniority of officers appointed on the basis of the results of IFS Examinations to the year 1992 to 1999 (1993 to 2000 Batches) vide letter no. 18014/22/2005-IFS.II dated 15.03.2005 (Annexure A / 3 ), Shri Vinay Gupta was placed at Rank 18 and Shri P.J. Vijaykar was placed at Rank 24. Thereafter, in response of the above letter of the State Government Assam dated 11.09.2023, the MoEF&CC vide letter no. F. No. 15011/16/2023-IFS II dated 19.10.2023 (Annexure - A/2) has clarified that as per Seniority List of IFS Year of Allotment 1993 (1992 Exam.) issued by the MoEF&CC vide letter no. 18014/22/2005 dated 15.03.2005 (Annexure A/3) the Respondent No. 5 namely Sh. Vinay Gupta is placed senior to the Applicant namely Shri P. J. Vijaykar. Vide letter dated 19.10.2023, MoEF&CC has also clarified that the Civil List is prepared on the basis of data furnished by the concerned State Governments. As per Sri Hazarika, the Civil List does not confer any right, official sanction or authority in respect of the particulars given therein including inter-se-seniority.

We have heard Sri Anirban Chakraborty, learned counsel for the applicant, Sri R. Hazarika, learned Addl. CGSC for the respondent No. 1 and Sri I. Borthakur for Sri D. Gogoi, learned counsel for respondent Nos. 2 to 4 and scrutinized the entire conspectus of the case.

The case of the applicant is that the alteration of his seniority position after long 30 years of service vide letter dated 15.03.2005 is grossly illegal. He placed strong reliance upon the case of Shiba Shankar Mohapatra & Ors. Vs. State of Orissa & Ors. reported in [2009] 15 (ADDL.) S.C.R. 866, wherein the Hon’ble Apex Court has referred the case of Sant Ram Vs. State of Rajasthan, AIR 1967 SC and held that –

Here in the instant case, no satisfactory explanation has been substituted by the respondents about the inordinate delay of alteration of seniority position after long 30 years of service vide letter dated 15.03.20059. Applicant appeared in the Indian Forest Service Examination, 1992 and cleared the same. In the merit list published by the UPSC (Annexure-A/4) applicant was placed at Sl. No. 31 and respondent No. 5 was placed at Sl. No. 35. Thus, from this, it is clear that position of the applicant above the respondent No. 5 in terms of merit. In the Notification dated 01.11.2000 issued by the Ministry of Environment & Forest (Annexure-A/5), Notification dated 12.06.2000 issued by the Government of Assam, Forest Department (Annexure-A/6), Screening Committee meeting dated 11.06.2007 (Annexure-A/7), Notification dated 19.04.2010 & 30.10.2010 issued by the Government of Assam (Annexure-(A/8 & 9), JCA meeting dated 09.08.2011 (Annexure-A/10), Screening Committee meeting dated 16.06.2012 (Annexure-A/11), JCA meeting dated 02.06.2014 (Annexure-A/12), Notification dated 16.06.2014 issued by the Government of Assam (Annexure-A/13), the applicant was placed way above the private respondent No. 5. The respondent No. 5 in the capacity of Additional PCCF (Admn. & Vig.) after obtaining due approval of respondent No. 3, had furnished the draft Civil List 2023 of Assam-Meghalya Cadre as on 01.01.2023 with necessary corrections vide his communication dated 09.12.2022 (Annexure-A/15). However, no objection from anybody pertaining to seniority position of officers in the Civil List 2023, especially among 1993 batch officers had been submitted. More so, in the draft Civil List 2023, the applicant was placed at Sl. No. 7 and private respondent No. 7 was placed at Sl. No. 8. Not a single complaint was raised by anybody or by respondent No. 5 that he was placed below the applicant wrongly. However, after remaining junior to the applicant for last 30 years without raising any objection, the respondent No. 5 submitted a representation dated 01.07.2023 by claiming that he is senior to the applicant and there was error in the IFS Civil List 2023 (Annexure-A/19). The Secretary to the Government of Assam, Environment & Forest Department issued a communication dated 11.09.2023 to the Under Secretary, Ministry of Environment, Forest and Climate Change indicating the purported discrepancy int he Civil List 2023 contending that the respondent No. 5 is placed in All India Seniority Position as 0293 and the applicant’s All India Seniority Position is 0299; hence claimed that respondent No. 5 is senior to the applicant, which in our considered opinion, is not sustainable as held by the Hon’ble Apex Court in the case of Shiba Shankar Mohapatra (supra) that – “Once the seniority had been fixed and it remains in existence for a reasonable period, any challenge to the same should not be entertained”. In the instant case, seniority positions shown in the Civil List 2023 are settled from the date of initial appointment of both applicant and private respondent No. 5. The applicant was also not provided any opportunity of being heard before altering his settled seniority position.

Keeping in view of the above, we quash and set aside the impugned Communications dated 01.11.2023, 19.10.2023 and 15.03.2005 (Annexures-A/1, A/2 & A/3) and direct the respondents to consider the case of the applicant for promotion to the cadre of Principal Chief Conservator of Forest in HAG + Scale at Level-16 forthwith with all consequential benefits, subject to suitability.

Accordingly, O.A. stands allowed. Pending M.A., if any, stands disposed of. No order as to costs.