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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10787-10788 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 21579-21580 OF 2004 ]

RAMESH CHANDRA SHARMA & ORS.                  Petitioner(s)                                 VERSUS

STATE OF MADHYA PRADESH & ANR.                Respondent(s)

CIVIL APPEAL NO. 10791-10792 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 10677-10678 OF 2005 ]

CIVIL APPEAL NO. 10793 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 15270 OF 2006 ]

CIVIL APPEAL NO. 10789-10790 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 21590-21591 OF 2004  ]

J U D G M E N T

KURIAN, J. 1. Leave granted.

2. The simple issue for consideration in this case pertains  to  the  fixation  of  seniority  under  the Madhya  Pradesh  Class  III  (Non-Ministerial)  Forest Service Recruitment Rules, 1967.  Under Rule 4, the 'service' consists of, for the purpose of the case before us, Serial No. 1 – Forest Ranger, Serial No. 7 – Deputy Ranger and Serial No. 16 – Forester.

3. It appears that the Foresters, who were recruited and  deputed  to  different  circles,  approached  the

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Tribunal with a specific grievance that on account of posting in a particular circle, some of the Foresters got  accelerated  promotions  to  the  post  of  Deputy Ranger and, thereafter to the post of Forest Ranger, thereby,  the  erstwhile  juniors  in  the  cadre  of Foresters in the same service, solely on fortuitous circumstances, have become their seniors in the cadre of  Rangers.   It  is  further  submitted  that  it  has affected their future prospects as well.

4. The Tribunal, by order dated 12.05.1999, held as under :-

“....Promotion  to  the  post  of  Deputy Ranger in different circles would not only merely depend upon the number of vacancies available in the circle but also on fortuitous circumstance of the timing  of  the  meeting  of  the Departmental  Promotion  Committee  over which  no  Forester  would  have  any control.  The system is iniquitous and unfair  and  likely  to  prejudice  the Senior  Foresters.   Since  the recruitment  is  made  centrally  to  the post of Forester and they are appointed simultaneously  after  training,  it  is necessary  that  the  inter-se-seniority at the time of their appointment to the service  is  maintained  and  that  such inter-se-seniority does not get altered for no fault of the Senior Foresters on

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account of the system which is adopted by  the  respondent  State  in  making promotions  to  the  post  of  Deputy Rangers.  Since the promotion from the post of Deputy Ranger to the post of Ranger is made at the State Level and for  this  purpose,  seniority  list  of Deputy  Rangers  is  drawn  out  at  the State level, the promotion to the post of Deputy Ranger should also be made by a Central Screening/Promotion Committee so  that  the  interest  of  the  Senior Foresters is safeguarded and they get their  promotion  earlier  than  their juniors.....”

  5. In  these  circumstances,  the  Tribunal  took  the view at Paragraph 9 as under :-

“....The  correct  course  in  our  view

would  be  that  inter-se-seniority  for

promotion of Deputy Ranger to the post

of Rangers should be reckoned on the

basis  of  their  inter-se-seniority  in

the cadre of Foresters irrespective of

their date of promotion to the post of

Deputy Ranger, provided that a person

has not been superseded in promotion

from the post of Forester to the post

of  Deputy  Ranger,  as  a  superseded

person  cannot  claim  his  original

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seniority in the cadre from which the

promotion is made....”

6.  That  was  challenged  before  the  High  Court, leading to the impugned Judgment dated 07.11.2003 in Writ Petition No. 4717 of 2001.  The Division Bench took the view as under :-

“....On a perusal of the order of the Tribunal  we  are  of  the  considered

opinion that the Tribunal should not

have  dwelled  upon  the  issue  as  the

Rules were not called in question and

should  not  have  disturbed  the

seniority list in the manner in which

it has been done.  Quite apart from

the above, the Tribunal has taken a

different view while appreciating the

contentions  of  the  State  though  the

same  could  not  be  done  in  that

manner....”

7.   The learned counsel for the appellants would contend  that  the  Foresters  having  entered  service based on the State level selection, merely on account of  posting  in  a  particular  circle  on  various circumstances, they cannot steal a march over their seniors in the further promotion, in any case, to the

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post of Forest Ranger, even by conceding that such Foresters  may  get  an  accelerated  promotion  to  the post of Deputy Ranger.  The learned counsel for the State submits that the recruitment is circle level, seniority is circle level and the promotions are also circle level.

8. Neither side is in a position to convince us as to  how  the  seniority  is  fixed  in  the  cadre  of Foresters, Deputy Rangers and Rangers.

9. On the pure question of law, we would like to make  the legal  position clear  that members  of the same service getting accelerated promotion merely on account of fortuitous postings in a particular circle cannot steal a march over their seniors in the higher posts in the same service.   

10. However, since we are not quite clear with regard to  rules  regarding  selection  and  fixation  of seniority  and as  we are  not getting  assistance in that regard, we set aside the Judgment of the High Court  and  remit  the  matter  to  the  High  Court  for consideration afresh.  We request the High Court to dispose  of  the  matter  expeditiously  and  preferably within six months from today.  

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11. In view of the above, the appeals are disposed of.

No costs.    .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; August 23, 2017.

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ITEM NO.1               COURT NO.6               SECTION IV-A                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Petition(s)  for  Special  Leave  to  Appeal  (C)   No(s). 21579-21580/2004 (Arising out of impugned final judgment and order dated 07-11-2003 in WP No. 4717/2001 and order dated 19-03-2004 in MCC No. 372/2004 passed by the High Court Of M.P. At Jabalpur) RAMESH CHANDRA SHARMA & ORS.                       Petitioner(s)                                 VERSUS STATE OF MADHYA PRADESH & Anr.                    Respondent(s) WITH SLP(C) No. 10677-10678/2005 (IV-A) SLP(C) No. 15270/2006 (IV-A) SLP(C) No. 21590-21591/2004 (IV-A) Date : 23-08-2017 These petitions were called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Amalpushp Shroti, AOR                     For Respondent(s) Mr. Mishra Saurabh, AOR

Mr. Ankit Kumar Lal, Adv.                       UPON hearing the counsel the Court made the following

                            O R D E R

Leave granted.  The appeals are disposed of in terms of the signed reportable

Judgment. Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed reportable Judgment is placed on the file)