KESHAV CHANDRA JOSHI AND ORS. ETC. versus UNION OF INDIA AND ORS.

Citation: [1990] SUPP. 2 S.C.R. 573 · Decided: 06-11-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

KESHA V CHANDRA JOSHI AND ORS. ETC. 
A 
v. 
UNION OF INDIA AND ORS. 
NOVEMBER 6, 1990 
[RANGANATH MISRA, CJ, M.M. PUNCHHI AND 
B 
K. RAMASWAMY, JJ.) 
U.P. Forest Service Rules, 1952: Rules J(h), 5(a)(b)-Appendix 
'A' & 'B'-6, 24 and27. 
· 
· 
Service Law-Seniority-Assistant Conservators of Forest-
Direct recruits and promotees-Fixation of seniority-Appointment of C 
promotees on ad hoc basis as a stop gap arrangement and dehors the 
rules-Promotees holding posts continuously for a long period-
Continuous length of ad hoc service from the date of initial appoint-
ment-Whether should be counted towards seniority. 
Rules relating to 'Conditions of service'-Power of Governor to 
relax-Consultation by Governor with public Service Commission is 
mandatory-Word 'may' in Rule 27 has been used in the context of 
discharge of duty-It must be read as 'shall': 
D 
'Rules of recruitment' and 'Conditions of service'-Distinction 
E 
between-Rule 5(a)(b) and Appendix 'A' & 'B' are basic rules of 
recruitment and not subject to Rule 27. 
Promotees appointed on ad hoc basis and dehors the Rules-
Allowing the promotees to officiate for a long period-Whether 
appointment should be deemed to have been made in relaxation of the 
f 
Rules. 
Under U.P. Forest Service Rules, 1952 recruitment to the posts of 
Assistant conservators of Forest was made from two sources, namely, 
by direct recruitment, under Rule 5(a) read with Appendix' A', and by 
promotion of permanent Forest Rangers, under Rule 5(b) read with 
G 
Appendix 'B'. Rule 6 of the rules provided that not more than 25% of 
the total number of posts shall be filled by promotion. 
The petitioners (promotees) were appointed to the posts of.Forest 
Rangers. Due to pendency of legal proceedings there was no direct 
recruitment to the posts of Assistant Conservators of Forest under Rule 
H 
573 
A 
B 
c 
D 
E 
F 
574 
SUPREME COURT REPORTS 
[ 1990] Supp. 2 S.C.R. 
5(a) till 1974 and even thereafter. The petiiioners-promotees were 
appointed on the posts of Assistant Conservators of Forest on ad hoc 
basis, between March 13, 1974 and November 21, 1981 subject to direct 
recruitment and they were continuing temporarily on ad hoc basis for 
varying period of 5 to 12 years. With effect from 1st May, 1975 the ratio 
of 25% recruitment of promotees under Rule 6 was increased to 33 
1/3%. lo the meanwhile the direct recruits under Rule S(a) were 
appointed on probation to substantive vancancies. When their claim 
was ripe for consideration as Deputy Conservators of forest, the 
petitioners claiming seniority over them filed Writ Petitions in this 
Court contending (i) that though the promotees were appointed on ad 
hoc basis due to non-availability of direct recruits yet they were con-
tinuing for well over S to 12 years discharging the same duties, drawing 
the same scale of pay without any reversion; their posts were not 
fortuitous, nor stop gap. Consequently their entire continuous length of 
service from the dates of their initial promotion should be counted 
towards their seniority; (ii) since the promotees were allowed to 
officiate for a long period they must be deemed to have been appointed 
in relaxation of the rules of recruitment under Rule 27 of the ntles by 
the Governor. 
, 
On behalf of the direct recruits it was contended (i) since the 
appointment of the promotees was on ad hoc basis and not on the basis 
of merit as per rules they have no right to the posts. Consequently the 
service rendered by them from the dates of initial promotion till date of 
substantive appointment being fortuitous cannot be counted towards 
seniority; (ii) since the promotees were appointed in excess of the pre-
scribed quota in Rule 6, they should be pushed down to the vacancies 
that bad arisen in each year above the direct recruits as per the ratio as 
the promotees were not entitled to claim seniority from the initial dates 
of their respective promotions; (iii) that the power of relaxation in Rule 
27 was only in respect of conditions of service and not relating to 
recruitment or promotion. 
Disposing the petitions, this Court, 
G 
HELD: 1. Under rule S read with Rule 3(h) of the U.P. Forest· 
Service Rules, 1952 a member of the service means a person, be it direct 
recruit under rule 5(a) or promotee under Rule S(b), appointed in a 
substanfiVe capacity to the service as per the provisions of the rules. lo 
order to become a member of the service be must satisfy two conditions, 
namely, the app

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