VidhiSangh

Supreme Court of India · 15/03/2023

ASHOK RAM PARHAD & ORS. versus THE STATE OF MAHARASHTRA & ORS.

[2023] 2 S.C.R. 900 · 2023 INSC 233

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Summary

Directly recruited Assistant Conservators of Forests in Maharashtra, sent for training in 2014 and appointed in 2016, claimed seniority from the start of training, relying on a Tribunal order granting pay from that date and a 2018 Government Resolution; promotees appointed in 2014 objected, and the Bombay High Court held that direct recruits' seniority for promotion to Divisional Forest Officer runs only from appointment after training. The Supreme Court dismissed the direct recruits' appeal: the proviso to Rule 2 of the 1984 Rules, framed under Article 309, excludes training and probation from the requisite service, the 1998 Rules are in consonance, and executive resolutions cannot override statutory rules, though they justify salary for the training period.

Issues

  1. Whether directly recruited Assistant Conservators of Forests are entitled to count the period of pre-appointment training towards seniority vis-a-vis promotees for promotion to Divisional Forest Officer, when the statutory rules exclude training and probation from the requisite period of service and Government Resolutions suggest otherwise.

Provisions considered

Held

Result

Appeal dismissed; Bombay High Court judgment dated 23.04.2021 holding that seniority of Assistant Conservators of Forests appointed by nomination counts from the appointment order after completion of training, as against promotees, affirmed; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 900.