Radhakrishnan, J. - (1.)The inter se seniority among Range Officers recruited through various methods of recruitment as prescribed in the Kerala Forest Subordinate Services Rules (in short, Forest Service Rules) is the question that arises for consideration in all theses cases.
(2.)For disposal of these cases we may deal with the facts in O. P. No. 11341/97 against which W. A. 2614/98 and W.A. 31/99 are preferred. O. P. 11341/97 was preferred by one Karthikeyan and another seeking a direction to the respondents to recast the seniority list of Forest Rangers as on 1st January 1992 in accordance with the principle laid down by this Court in Appukuttan Nair v. State of Kerala ( 1990 (2) KLT 806 ) and Somarajan v. State of Kerala ( 1992 (1) KLT 690 ). Petitioners wanted to place persons who did not complete probation within the maximum period of 4 years below them and to give them further promotion as Assistant Conservator of Forests recasting the seniority list. A writ of certiorari was also prayed for challenging Ext. P - 5, provisional seniority list of Forest Rangers as on 1st January 1992. Challenge was also made against Ext. P - 12 final combined seniority list of Forest Rangers as on 1st January 1992 and to rearrange those lists accordingly and to give them rightful placement. Learned Single Judge did not grant the reliefs prayed for and dismissed the writ petition, against which these appeals have been preferred. The seniority of Rangers arc regulated by R.2, 9 and 10 of the Kerala Forest Service Rules read with General R.2 and 27 of K. S. and S.S.R. As per R.2 of Kerala Forest Service Rules there are four categories of Rangers depending upon the methods of recruitment. The post of Rangers could be filled up by direct recruitment or by promotion of eligible officers from feeder category of Deputy Rangers etc. We need not elaborate the modes of appointment. Suffice it to say several persons were promoted as Rangers after 1st November 1956 through different channels. With regard to those persons who were appointed as Rangers after 1st November 1956 a combined final seniority list of Rangers as on 1st January 1984 was published in the Kerala Gazette, dated 5th November 1965 after duly disposing of all appeals preferred by the incumbents. The said list was published vide office Order No. E7/48163/84, dated 26th August 1985. First petitioner Karthikeyan was appointed as Forest Ranger on 3rd November 1983 and second petitioner on 1st January 1987. First petitioner completed his probation in the category of Forest Ranger with effect from 3rd November 1985 and probation was declared by Order, dated 25th September 1987. Probation of the second petitioner was declared with effect from 20th June 1990. In the final combined seniority lists as on 1st January 1984 petitioners name did not figure. At that time the first petitioner had completed only two months service as Forest Ranger and second petitioner was not in service. Third respondent was shown as serial No. 296 in the final seniority list. As per Special Rules for the Kerala Forest Service the period of probation for Forest Rangers is two years on duty within a continuous period of three years. The total three years period on probation can be extended for a period of one year as per R.21 of the K.S. and S.S.R. Since the first petitioner had passed the tests in time he was declared to have completed the probation with effect from 3rd November 1985. Second petitioner also completed probation within a period of four years from the date on which probationary service was started and his probation was declared with effect from 20th June 1990. According to them they are therefore entitled to consider their seniority in the category of Forest Ranger from 3rd November 1983 and 1st January 1987 respectively. As we have already indicated third respondent had commenced service as Forest Ranger on 31st October 1980 and therefore he was shown as serial No. 296 in the final seniority list of Forest Rangers as on 1st January 1984. He had not completed the probation within the maximum period of 4 years. It was painted out third respondent has passed the requisite test qualifications prescribed under R.7 of the Special Rules only in 1,997. Therefore the contention is that his name should not have been included in the final seniority list of Rangers as on 1st January 1984.
(3.)In final seniority list of Rangers as on 1st January 1984 third respondent and several others where given their placement even though they did not possess the requisite test qualification. The list was however finalised as on 1st January 1984 after disposing of all the appeals. Second respondent later published provisional seniority list of Forest Rangers as on 1st January 1987 vide proceedings No. E1-26731/87, dated 4th February 1988. First petitioner then filed Ext. P - 2 representation, dated 21st October 1991 as against the above mentioned seniority list. Reference was also made to the decision of this Court in Appukuttan Nair v. State of Kerala (1990 (2) KLT 806), and wanted the seniority list published as per proceedings, dated 29th March 1988 be reviewed and the petitioner be given proper place in the seniority list. We may at this juncture point out in Ext. P - 2 representation he had not made any challenge against the final seniority list of Rangers published as on 1st January 1984. Chief Conservator of Forests replied to the said letter vide proceedings, dated 9th January 1992. Pursuant to the said letter, dated 9th January 1992 first petitioner filed another representation, dated 27th January 1992. Placing reliance on R.7 and 8 of the Special Rules it was pointed out by the first petitioner that relative positions of persons in the seniority list have to be refixed if a senior person fails to acquire the test qualification and satisfactorily complete the probation within 4 years of service. In that representation also we may point out, no challenge was made as against final seniority list of Rangers as on 1st January 1984 in which third respondent was given his place. The second respondent then published provisional seniority list of rangers as on 1st January 1992. The same was published vide Order No. E1-16223/92, dated 25th June 1992. In the said provisional seniority list third respondent was shown as serial No. 91. His date of appointment / promotion to the post of Ranger was shown as 31st October 1980. First petitioner was shown as serial No. 135 and his date of appointment was shown as 1st November 1983. Second petitioner was shown as serial No. 197 and his date of appointment was shown as 1st January 1987. Petitioner filed objections to the provisional seniority list vide Ext. P - 6, dated 8th January 1993 for revision of seniority list on the basis of the Judgment of this court in Appukuttan Nair's case (supra).