Excelsior Correspondent
JAMMU, Feb 17: In a significant judgment, a Bench of the Central Administrative Tribunal Chandigarh comprising Justice (Retd) M S Sullar (Member Judicial) and Praveen Mahajan (Member Administrative) has quashed Order No.355-FST of 2012 dated September 12, 2012 whereby J&K Government had rejected the case of Rup Lal Bharti, former PSC Member, who had been seeking his promotion/placement in the pay scale of Principal Chief Conservator of Forests.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner whereas Advocate Rohit Seth appearing for State of J&K and Central Government Standing Counsel Ram Lal Gupta appearing for Union of India, the Central Administrative Tribunal Bench quashed the impugned Govt Order and issued directions to the State for according re-consideration to the case of the petitioner in the light of the Proviso to Rule 4(2) of IFS Cadre Rules, 1966 which empowers the State Government to add for a period not exceeding two years and with the approval of the Central Government for a further period not exceeding three years to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to Cadre posts.
When the petition filed by Rup Lal Bharti, former Additional Principal Chief Conservator of Forests/Chief Wildlife Warden J&K came up for hearing, Advocate Ahmed submitted, “the petitioner before joining his new assignment as Member J&K PSC on 29-05-2006 had already completed 30 years of service in IFS Cadre on 01-01-2006 and had become eligible for promotion/placement in the pay scale of PCCF and had made several representations to the State of J&K for upgradation of the post of Chief Wildlife Warden J&K to the level of PCCF”.
The upgradation was sought because the last promotion of the senior batch comprising of S D Swantantra (IFS JK 1970), Jagdish Kishwan (IFS JK 1975) and I A Khan (IFS JK 1975) was made by the State Government vide Govt. Order No.239-FST of 2006 dated May 16, 2006.
Advocate Ahmed drew the attention of the Bench towards communication No.22012/47/ 2010-IFS-II dated August 09, 2012 written by S S Badhawan, Director Union Ministry of Environment & Forests to the Chief Secretary J&K wherein it was brought to the notice of the J&K Government that Proviso to Rule 4(2) of IFS Cadre Rules, 1966 provides for creation of a Cadre post up to 3 years by the State Government and the Union Environment Ministry further stated that the proposed action is within the competence of the State Government and no specific approval of Ministry of Environment and Forests is warranted.
After considering the rival contentions of both the sides, the Central Administrative Tribunal, in the open court, quashed Govt. Order No.355-FST of 2012 dated September 12, 2012 and directed the State of J&K to re-consider the case of the petitioner in the light of the Proviso to Rule 4(2) of IFS Cadre Rules, 1966.
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