Induct IFS Though Promotion: HC

SRINAGAR — The Jammu and Kashmir High Court has directed government to notify ‘State Forest Service’ and prepare a list of suitable officers for induction into Indian Forest Service by promotion in accordance with rules.

“Respondents (concerned officials) are directed to notify ‘State Forest Service’ as required in terms of Rule 2(g)(i) of the Indian Forest Service(Recruitment) Rules, 1966 read with Regulation 5 of the Indian Forest Service (Appointment By Promotion) Regulations, 1966,” a bench of Justice Rashid Ali Dar said and asked government to consider the petitioners as members of Forest Service.

“Furthermore, respondents are directed to prepare a list of suitable officers for induction into Indian Forest Service by promotion in accordance with Indian Forest Service Regulations, 1966 after notification of ‘State Forest Service’. Exercise to be completed preferably within a period of eight weeks from the date copy of this order is served upon the respondents.”

The petitioners had said that post of Assistant Wildlife Warden was a single cadre post having no promotional avenues, therefore, the State was legally obliged to create promotional avenues for them having regard to its constitutional obligations expressed under Article 14 and 16 of the Constitution of India.

They further pleaded that the promotion being a condition of service and having regard to the requirement thereof, there have to be rules of recruitment governing their service conditions which must provide avenues for promotion.

However, in the case of the petitioners, as pleaded by them, the J&K Wildlife(Gazetted) Service Recruitment Rules, 1994 puts a complete embargo on their future promotion and the fate of their is sealed for all time to come.

They therefore, prayed that the Rules framed in terms of SRO 158 of 1994 to the extent same does not provide for promotion to the petitioners are required to be declared as ultravires to the Constitution.

They also pleaded in the petition that in terms of the J&K Wildlife(Protection) Act, 1978, a Forest Officer means and includes the Forest Officer defined in Clause(f) of Section 2 of the J&K Forest Act, 1987.

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