Aggrieved by the order dated 31.1.1998 of the Chief Wild Life Warden, Forest Department, Chennai, the petitioner has filed Original Application before the Tamilnadu Administrative Tribunal, Madras. He has also sought for a direction to the respondents to award selection grade scale of pay in the post of Forest Ranger with effect from 31.10.1988 and Special Grade with effect from 31.10.199, with all consequential benefits.
2. It is the case of the petitioner that he was initially appointed as Forester in Forest Department in 1971 and thereafter, recruited as Forest Ranger in the year 1978 through Tamilnadu Public Service Commission. After undergoing training in the Southern Forest Rangers' College, Coimbatore, during 1978-80 for two years, he joined duty as Forest Ranger on 24.10.1980. Subsequently, on 27.3.1986, by orders of the Conservator of Forests, Social Forestry Circle, Tirunelveli, his probation was declared as satisfactory from 13.7.1983. According to the petitioner, he had completed 10 years of service in the post of Ranger on 31.10.1988 and become eligible for advancement to Selection grade scale of pay. But the second respondent, by the impugned order dated 31.1.1998, ordered advancement selection grade scale of pay only from 31.7.1998, instead of 31.10.1988. The reason assigned in the impugned order that the petitioner had suffered a punishment of stoppage of increment for a period of three years and three months during the period of 10 years and that the leave period of 5 months and 11 days was also treated as penalty and therefore, the petitioner was deemed to have completed 10 years period only on 12.7.1992, according to the petitioner, the reasons are illegal and arbitrary.
3. The petitioner has further submitted that as per G.O.Ms.No.276, Personnel and Administrative Reforms Department, dated 7.8.1992, for the purpose of advancement of Selection grade/Special grade, it is not necessary that the government servant should possess all the necessary qualifications prescribed for promotion to the next higher post and in such an event, the petitioner who had completed 10 years of service in the post of Ranger on 31.10.1988, ought to have been granted Selection grade scale of pay and thereafter Special grade scale of pay in the above said post.
4. Though no counter affidavit has been filed, on the basis of the impugned order Mr.S.Gopinathan, Learned Additional Government Pleader appearing for the respondents submitted that inasmuch as the petitioner has suffered punishment of stoppage of increment for a period of three years and three months and also proceeded on leave for a period of 5 months and 11 days which was treated as penalty during the period of 10 years. The department had rightly ordered advancement to the Selection grade of pay to the petitioner, on completion of 10 years, i.e. 12.7.92 and that there is no error in the impugned order. For the above said reasons, he prayed for dismissal of the Writ Petition.
5. Heard the learned counsel appearing for the parties and perused the materials available on record.
6. Pleadings disclose that after completion of two years training between 1978-1980 in the Southern Forest Rangers' College, Coimbatore, the petitioner joined duty as Forest Ranger on 24.10.1980. The contention of the learned counsel for the petitioner that his services should be taken into account from the date of selection through the Tamilnadu Public Service Commission cannot be countenanced for the reason that as per Rule 2 (1)of the Tamilnadu State and Subordinate Service Rules, a person is said to be "appointed to a service" when in accordance with the rules or in accordance with the rules applicable at the time as the case may be, the date when he discharges for the first time, the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.
7. In the case on hand, the petitioner was undergoing training between 1978-1980 for two years and he joined duty as Forest Ranger only on 24.10.1980. Therefore, his probation, commenced only from the date of joining duty as per Rule 2(1) of the Tamilnadu State and Subordinate Service Rules. As per Rule 7 of the above said rules, a person is said to be on duty, as a member of a service (a) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service. Therefore, the contention of the petitioner cannot be countenanced.
8. The contention of the respondents that the petitioner was imposed with a penalty of stoppage of increment for a period of three years and three months from the period of 10 years and that the period of 5 months and 11 days, ie., leave was treated as penalty, within the check period of 10 years, has not been disputed by the petitioner. Advancement of selection grade, can be made only if there is a satisfactory service during the period of 10 years. The punishment of stoppage of increment for a period of 3 years and 3 months during the period of 10 years has to be necessarily taken into consideration for the purpose of advancement of selection grade.
9. Further at the time of filing of the Original Application before the Tribunal, the petitioner was aged 51 years. As on today, he would have retired on attaining the age of superannuation.
10. In view of the above, the Writ Petition is dismissed. No costs.
aes To
1.The Principal Chief Conservator of Forests, Chennai 600 015.
2. The Chief Wildlife Warden, Forest Department