TMI Blog1989 (9) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary facts in brief are these: The appellant and respondents 7 to 13 are Assistant Conservators of Forest in Bihar Forest Service. Their service conditions are governed by the Bihar Forest Service Rules, 1953 (hereinafter referred to as the Rules) made by the Government of Bihar in exercise of the powers conferred on it by the proviso to Article 309 of the Constitution of India. According to Rule 2(vii) of the Rules the service means the Bihar Forest Service. Rule 3 provides that the appointments of the service shall ordinarily be made by (a) direct recruitment in accordance with the Rules in Part II of these Rules by competitive examination to be held by the Commission; and (b) by promotion in accordance with the Rules contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it been urged by the learned counsel for the appellant before us that these facts are inaccurate. It is on the basis of these facts, therefore, that the respective submissions made by learned counsel for the parties have to be considered. It has been urged by learned counsel for the appellant mainly relying on a memorandum to the Cabinet dated 24th November 1977 which contains a note that if the appellant was found fit for promotion by the selection committee, his place will be above 10 general category rank officers mentioned therein, that in the seniority list the name of the appellant should have been placed above those officers. According to the learned counsel for the appellant the memorandum was approved by the Cabinet on the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... senior to the members directly recruited; and (iii) the seniority inter-se of Rangers on substantive appointment to the Service by promotion at the same time shall be their seniority inter-se held as Rangers. In the instant case we are not concerned with Clause (i) of the proviso. Even Clause (ii) is not attracted inasmuch as respondent No. 13 even though was appointed by direct recruitment, was not appointed at the same time as the appellant and respondents 7 to 12, as already indicated above. That is clause (iii) of the proviso, therefore, which is relevant for the determination of the seniority inter-se of the appellant and respondents 7 to 12. On a plain reading of this Clause it is apparent that on substantive appointment of r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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