RAMESH CHANDRA SHARMA & ORS.versusSTATE OF MADHYA PRADESH & ANR.

·..:...._   ___ ___: ________ -- ·------- -




                                               [2017] 7 S.C.R. 578


A                                   RAMESH CHANDRA SHARMA & ORS.
                                                        v.
                                   STATE OF MADHYA PRADESH & ANR.
                                      (Civil Appeal Nos.10787-10788 of 2017)
B                                               AUGUST23,2017
                            (KURIAN JOSEPH AND R. BANUMATHI, JJ.j
                         Service Law:
          Forest Service - Promotion - Fixation of seniority under
C  Madhya Pradesh Class III (Non-Ministerial) Forest Service
  Recruitment Rules, 1967 - The Foresters, who were recruiter! and
  deputed to different circles, approached the 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
D Ranger and, thereafter to the post of Forest Ranger; thereby, the
  erstwhile juniors in the cadre ofForesters in the same service, solely
   on fortuitous circumstances, became their seniors in the cadre of
  Rangers - Held: The legal position is that the members of the same
  service getting accelerated promotion merely on account of
  fortuitous postings in a particular circle cannot steal a march over
E their seniors in the higher posts in the same service - However, in
   the instant case, none of the parties could explain how the seniority
   is fixed in the cadre of Foresters, f)eputy Rangers and Rangers -
   Therefore, matter is remitted to High Court for consideration afresh
  - Appeal disposed of
F                   CIVIL APPELLATE JURISDICTION: Civil Appeal :tfos.10787-
               10788 of2017.
                     From the Judgment and Orders dated 07.11.2003 and 19.03.2004
               passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition
               No.4717 of2001 and Review Petition MC.C No.372 of2004 respectively
G                                                    WITH
                         Civil Appeal Nos.l 079 J- I 0792 of 2017.
                         Civil Appeal No.10793 of2017.
                         Civil Appeal Nos. I 0789-10790of2017.

H
                                                       578
RAMESH CHANDRA SHARMA & ORS. v. STATE OF MADHYA 579
               PRADESH & ANR.

      Amalpushp Shroti, Adv. for the Appellants.                             A
      Mishra Saurabh, Anldt Kumar Lal, Advs. for the Respondents.
      The Judgment of the Court was delivered by
      KURIAN, J. I. Leave granted.
       2. The simple issue for consideration in this case pertains to the    B
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 C
to different circles, approached the Tribunai 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, D
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 E
       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 F
       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 account of the system which is
       adopted by the respondent State in making promotions to the G
       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/
                                                                          H
580            SUPREME COURT REPORTS                            [2017] 7 S.C.R.



A           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:-
B           " .... 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
 c          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 seniority in the cadre from
            which the promotion is, made .... "
            6. That was challenged before the High Court, leading to the
 D    impugnedJud1:,>ment dated 07.11.2003 in Writ Petition No. 4717 of2001.
      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
 E          should not have disturbed the seniority list in the manner in
            which it has been done. Quite apart ji-om 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
 F
      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 post of Forest Ranger, even by conceding that such
      Foresters may get an accelerated promotion to the post of Deputy
 G    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.
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RAMESH CHANDRA SHARMA & ORS.v. STATE OF MADHYA                                  581
          PRADESH & ANR. [KURIAN, J.]

      9. On the pure .question of law, we ·would like to make the legal A
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 riot quite clear with regard. to rules         B
regarding selection and fixation of seniority and as we are not getting
assistance in that regard, we set aside the Judgment of the High Co~rt
and remit the matter to the High Court for consideration afresh. We
request the High Court to dispose of th~ matter expeditiously and
preferably within six months from today.               ·
                                                                                c
       11 . In view of the above, the appeals are disposed of.
            No costs.


Devika Gujral                                            Appeals disposed of.