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Judgment
Per: Justice M.G. Sewlikar, Member (J)
The applicant has filed this application under Section 18 of the Administrative Tribunals Act, seeking directions to the respondents to forward the case of the applicant to respondent no. 5, Union Public Service Commission (UPSC).
Facts in brief are that the applicant was appointed as Range Forest Officer in the year 1987. The applicant was promoted as Assistant Conservator of Forest with effect from 17th July, 2014 and thereafter, to the post of Divisional Forest Officer (DFO) in the year 2023. It is his contention that in terms of Regulation 5(2) of Indian Forest Service (Appointment by Promotion) Regulations, 1966, a Member of State Forest Service has to complete 08 years of service as on 01st day of January of the concerned year for which the select list is prepared to be eligible for consideration for induction to IFS. The applicant is due for retirement on 30th September, 2026 on attaining age of 58 years. In case, he is promoted as IFS, as per Central Government rules, he will retire at the age of 60.
The applicant contends that his name was included in the list of Officers under consideration for the Select List for the year 2023. His name appears at serial no. 2 in the said list (Annexure- A-2 colly). His name also appears at serial no. 5 in the list dated 02nd February, 2026 (Annexure- A-3). He contends that since the names of eligible candidates were not forwarded by the State Government to respondent no. 5, UPSC, the applicant made representation dated 28th January, 2026 (Annexure-A-6). The said representation is yet not decided and, therefore, the applicant filed this OA seeking following reliefs:-
"8.(a) This Hon'ble Tribunal may graciously be pleased to call for the records and proceedings of the case pertaining to non-forwarding of the case of the Applicant (eligible candidate) for promotion/induction to IFS (Indian Forest Service) for the Recruitment Year : 2023 for which on 14.11.2025, the Central Government for the second time has already communicated vacancy positions i.e. for the Select List of 2023 – 10 vacancies notified and for the select List of 2024- 6 vacancies notified i.e. Annex. "A1" and accordingly order and direct the Respondent State to immediately forward the case of the Applicant to UPSC (Union Public Service Commission) in turn UPSC to consider his candidature for promotion/ induction to IFS (Indian Forest Service) within a period of 2(two) weeks and if otherwise found fit for INDUCTION/PROMOTION to promote the Applicant for the Recruitment Year : 2023 with all consequential benefits.
(b)This Hon'ble Tribunal may graciously be pleased to hold and declare that the communication of vacancy positions for the Select List of 2023 – 10 vacancies notified and for the Select List of 2024 – 6 vacancies notified i.e. Annex. "A1" by the Central Government has to be acted upon immediately by the Respondent State and accordingly, order and direct the Respondent State to forward the list of eligible Officers for the Select List/Recruitment Year : 2023 within a period of 2(two) weeks and further directions be issued to UPSC to conduct the DPC/Selection Committee Meeting within further two(2) weeks and if Applicant is otherwise found fit for promotion, to promote him for Recruitment Year : 2023 with all consequential benefits.
(c)Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
(d)Costs of this Original Application may be provided for."
Respondent nos. 2 to 4 filed their reply.
They contend in the reply that the process of induction into Indian Forest Service (IFS) by way of promotion is initiated at the level of State Forest Department and name of the applicant is also in the zone of consideration. After conducting the Departmental Promotion Committee/ Selection Committee for induction into IFS from the State Forest Service (SFS), and if the name of the present applicant is found eligible, the proposal to that effect will be submitted to Government of India and after getting approval from the UPSC, respondent no. 5, the Notification to that effect will be published. The date of the Meeting of the Committee has still not been finalized as some of the State Forest Officers have filed Original Applications bearing nos. 710 of 2025 at Nagpur and 72 of 2026. Both these applications are still pending in this Tribunal. They contend that in terms of Regulation 5(2) of Indian Forest Service Regulations, the name of the applicant is included in the list of zone of consideration and after completing the process at State Level, it will be submitted to Government of India and thereafter, to respondent no. 5, UPSC. The eligibility of the applicant is still not checked by the Committee and therefore, the Original Application needs to be dismissed with cost.
Respondent no. 5 filed its reply. Respondent no. 5 contends that Government of India, Ministry of Environment, Forest and Climate Change vide its letter dated 14th November, 2025 has determined 06 and 10 vacancies for the Select List of 2023 and 2024, respectively. However, no proposal has been submitted by the Government of Maharashtra to UPSC for preparation of Select List of the year 2023 and 2024 for promotion of SFS Officers to the IFS of Maharashtra Cadre. The role of respondent no. 5 is restricted to convening the Selection Committee Meetings on receipt of the proposals from the State Government. Till then, the role of respondent no. 5 doesn't come into play.
We have heard learned counsel for the applicant and learned counsel for the respondent nos. 2 to 4 and learned counsel for the respondent no. 5.
Learned counsel for the applicant submitted that in terms of Rule 5 of IFS Regulations, 1966, respondents are obligated to prepare a list of such Members of the State Forest Service as are held by them to be suitable for promotion to the IFS. The number of Members of SFS to be included in the list shall be determined by the Central Government in consultation with the State Government and this exercise shall have to be done on the 01st day of January of the year in which the meeting is held. He submitted that the name of the applicant appeared at serial no. 2 in the Select List for the year 2023 and at serial no. 5 in the Select List of February, 2026. He submitted that the Central Government has intimated vacancies to the State Government vide its letter dated 14th November, 2025 which shows that for Select List of the year 2023 and for Select List of 2024, the vacancies are 10 and 06, respectively. But the respondents have not completed the process for an ulterior motive of defeating the claim of the applicant. The applicant is due to retire on 30th September, 2026. He submitted that the respondents have also admitted that the applicant falls in zone of consideration and, therefore, the application be allowed specifically, in terms of para 8(a) and (b) as the time at the disposal of the applicant is too short.
Learned counsel for the applicant further submitted that the applicant has the right to be considered for promotion. That right is being denied to him. For this purpose, he has placed reliance on the case of Kulwant Singh versus State of Punjab and Others, 2026 SCC OnLine P&H 5078. He has also placed reliance on the case of State of Andhra Pradesh and Another versus Nalla Raja Reddy and Others, 1967 SCC OnLine SC 85 and State of Orissa and Another versus Mamata Mohanty, (2011) 3 SCC 436, S.B. Bhattacharjee versus S.D. Majumdar and Others, (2007) 10 SCC 513. In para 13 of the judgment of S.B. Bhattacharjee (supra), it has been held thus:-
“13.Although a person has no fundamental right of promotion in terms of Article 16 of the Constitution of India, he has a fundamental right to be considered therefor. An effective and meaningful consideration is postulated thereby. The terms and conditions of service of an employee including his right to be considered for promotion indisputably are governed by the rules framed under the proviso appended to Article 309 of the Constitution of India.”
Learned counsel for the applicant has also placed reliance on the cases of Union of India and Another versus Hemraj Singh Chauhan and Others, (2010) 4 SCC 290, K.C. Gajapati Narayan Deo & Ors. versus State of Orissa, (1953) 2 SCC 178 and Nazir Ahmad and The King-Emperor, J.C. 1936, Indian Appeals, L.R.
Learned counsel for the respondents submitted that the applicant has not made out any cause of action. Chief Minister of the State approves the proposal. Tribunal has no jurisdiction to direct the Chief Minister to process the application in a time bound manner and forward it to the respondents. He submitted that the applicant is in zone of consideration. After completing the process at State Level, it will be submitted to the Government of India and thereafter, to the UPSC. The eligibility of the applicant is yet not determined by the Committee. In these circumstances, the respondents cannot be issued the mandamus as prayed by the applicant.
Learned counsel for the respondent no. 5 submitted that the role of respondent no. 5 comes into play only when the proposal is received by the respondent no. 5. Once the proposal is received, action by respondent no. 5 will be taken as per the IFS Regulations.
We have given thoughtful consideration to submissions made by the learned counsels for their respective parties.
It is no doubt true that every employee has a fundamental right to be considered for promotion. That right gets defeated when the employer does not take timely actions.
In the case at hand, the promotion to IFS is governed by IFS Regulations, 1966. Rule 5 of these Regulations speaks of Preparation of a list of suitable Officers. Rule 5(1) reads thus:-
"5.Preparation of a list of suitable officers.- 5(1) Each Committee shall ordinarily meet every year and prepare a list of such members of the State Forest Service as are held by them to be suitable for promotion to the Service. The number of members of the State Forest Service to be included in the list shall be determined by the Central Government in consultation with the State Government concerned, and shall not exceed the number of substantive vacancies as on the first day of January of the year in which the meeting is held, in the posts available for them under rule 9 of the Recruitment Rules. The date and venue of the meeting of the Committee to make the selection shall be determined by the Commission:
[Provided that no meeting of the Committee shall be held, and no list for the year in question shall be prepared when;
(a)there are no substantive vacancies as on the first day of January of the year in the posts available for the members of the state Forest Service under rule 9 of the recruitment rules; or
(b)the Central Government in consultation with the State Government decides that no recruitment shall be made during the year to the substantive vacancies as on the first day of January of the year in the posts available for the members of the State Forest Service under rule 9 of the Recruitment Rules;
Provided further that where no meeting of the Committee could be held during a year for any reason other than that provided for in the first proviso, as and when the Committee meets again, the Select List shall be prepared separately for each year during which the Committee could not meet, as on the 31st December of each year.]
EXPLANATION:- In case of Joint Cadres, a separate select list shall be prepared in respect of each State Forest Service."
This Rule enjoins that Committee shall ordinarily meet every year and prepare a list of such members of the SFS as are held by them to be suitable for promotion to the Service. It further provides that the number of members of the SFS to be included in the list shall be determined by the Central Government in consultation with the State Government.
Admittedly, the Central Government vide letter dated 08th April, 2024 (Annexure- A-1(A)) has communicated to the State Government that the vacancies for Select List of 2023 were 08 and vide Annexure-A-1, letter dated 14th November, 2025, it was communicated that there were 10 vacancies in Select List of the year 2023 and 06 vacancies in the Select List of the year 2024. When the Center has communicated the vacancies to the respondents, the job of the respondents is to prepare a list of eligible members for promotion to the SFS. The respondents have accordingly, performed their duty so far as preparation of Select List for the year 2023 and 2024 is concerned. For the year 2023, the name of the applicant appears at serial no. 2 and name of applicant appears at serial no. 5 in the Select List of the year 2024. When the list is prepared, the subsequent part is to initiate the process of determining the eligibility of the officers for promotion to SFS. Despite passage of 03 years, since 2023 and two years since 2024, the respondents have not initiated the process. Absolutely, no reasons are assigned for not completing the process as contemplated in Regulation 5 of the IFS Regulations, 1966. The respondents have alleged in the affidavit in reply that two OAs are pending and, therefore, the date of meeting of Committee has still not been finalized. The respondents have not alleged in the reply that in any of these OAs, the process is stayed. The order passed in MA No. 893 of 2025 in OA No. 710 of 2025 is as under:-
“19.However, forwarding of the names by the State Government to the Central Government for consideration for promotion on the post of Indian Forest Services would be subject to the final outcome of the present Original Application.”
In these circumstances, it is not proper on the part of the respondents not to complete the process in the year 2024 for the Select List of the year 2023 and in the year 2025 for the Select List of the year 2024.
In these circumstances, we find that the respondents without any sufficient cause have not completed the process. In these circumstances, we deem it appropriate to allow the OA and direct the respondents to complete the process and forward it to the respondents as expeditiously as possible, preferably within a month.
Pending MAs, if any, stand disposed of. No costs.