HC stays ‘controversial’ seniority list of Forest officers

Gopal Sharma

JAMMU, Jan 19: The State High Court has stayed a seniority list of  Foresters being promoted as Rangers Grade-I, wherein, undue favour to many ‘blue eyed’ people has been accorded.
Justice Bansi Lal Bhat of J&K High Court while issuing notices to  the Commissioner Secretary Forest, Principal Chief Conservator of Forests, J&K and others has stayed the operation of entire list issued vide order No. 03 of 2013 dated 24-12-2013 by the PCCF. The court vide its order dated January 10, 2014 asked the Forest authorities not to operate the list and stop the proceedings for the promotions as Range Officers Grade–I,  till the final disposal of the writ petition.
Interestingly, in the `tentative list’ prepared by the authorities, instead of  37 already qualified candidates, 115 have been included. Many of them, who managed to have find place in the seniority list for the promotion as Rangers are simply 10+2 and the self sponsored DDRs. They were not recommended by the Forest Department for any such training as per norms. And not only this, some of the influential candidates were regularized during 2012, but `somehow’, managed place in the list.
The list was challenged in the court of law by the highly qualified as deserving candidates, who were ignored and `favourites’ were picked up by the higher authorities in the Department for the reason best known to them. They initially, moved a representation to the Chief Conservator of Forests Kashmir and Jammu besides the Principal Chief Conservator of Forests J&K, Abhay Kumar and Commissioner/ Secretary Forest.  Observing a discouraging response from the authorities at the helm of affairs, the aggrieved ones then moved to the court of law for getting the things corrected within the system prevailing in the department and seek justice.
While challenging the list and moving representation to the PCCF, representatives  of  NGFOA termed this move as a gross violation of SRO 106 of 1992, as the SRO clearly mentions that its benefits can be extended to only such in-service Foresters who are not DDR ( Directly Deputed Rangers) trained at the time of their initial appointment  and are sponsored subsequently by the Government.  Even the Administrative Department has also in its letter No. FST/NG/67/2012 dated 25-10-13, has clarified a clear violation of the rules  in this concern. It pointed out that these Self sponsored DDRs were regularized in December  2012 and are most juniors. They were still under going probation period of two years.
As per SRO-106 of 1992, “the minimum eligibility criteria  for Range Officer, is BSc Forestry or its equivalent from any University recognized by the Indian Council of Agricultural Research,”  and in case of 20 % quota which was kept for KFC  (Kashmir Forest Training Course) toppers, it quotes- “20%  by promotion from Govt sponsored Foresters having done Rangers’ training course from a Recognised Rangers Training College  and having five years experience as Forester on the norms prescribed by Government for such training course.”
Unfortunately, these `favourites’, have neither been sponsored by  the J&K Forest Department, nor qualified the State Public Service Commission exams and above all they have not been the toppers in KFC. They were indeed deputed by the local private agencies for DDR training course at their own. These self styled DDRs were neither appointed by the department, nor by the SSRB but were temporarily  adjusted by the Government  on ad hoc basis subject to the conditions laid down in their appointment orders.
The highly placed sources in the department said that in J&K Forest Department there was a provision before 2004, that 20% quota was kept for in service Foresters who were toppers in KFC training course. They used to get further deputed  by the department for DDR training course, which in turn favoured them to get promoted to Range Officers Grade -I. But as per the revised entrance and training rules 2004, the eligibility criteria for becoming RO-I was changed and the 20 % quota reserved for in-service Govt sponsored DDR Foresters was not modified only to absorb those Foresters who completed their DDR sponsored by the Forest Department only. In the past KFC toppers were used to be sponsored for the raid training for next promotion. The SRO as such has not been modified and there still remains few FFC toppers who have already undergone Ranger’s training to be promoted as RO-I. Ultimately after this adjustment the SRO will become infractitious.
Again, in case of Range Officer Grade –I , the eligibility criteria as per revised entrance and training rules 2004 issued by Director Forest Education, Dehradun,   is minimum BSc Forestry,  or its equivalent from any University recognised by ICAR while the KFC, DDR & SFS should be considered as Departmental Certificate courses. In the Department 50 % posts of RO-I have to be filled from BSc Forestery and KFC trained foresters, 30 % posts have been kept for direct recruitment to be filled by PSC  and 20 % quote which was kept for in-service KFC toppers   which has become fractitious as per the revised training and entrance rules. It has been found that most these newly regularised candidates do not possess the qualifications as per revised  rules of 2004 but still managed to find place in list, depriving others highly qualified (MSc Forestry) and deserving candidates.
PCCF J&K, Abhay Kumar when contacted said that some seniority list of 37 DDR Foresters who had been temporarily placed as I/C Range Officers Grade –I  vide various Govt orders was issued as it stood on 1-1-2013. As per a communiqué from Administrative Department  vide letter No. FST/NG/67/2012 dated 25-10-13, it was sought to clarify and fix the seniority of other in-service DDR Foresters who have done DDR training prior to the initial  appointments in pursuance of appointment under SRO 43 of 1994 and those DDRs who were initially engaged on ad hoc basis and later on regularised.
The PCCF claimed that there was shortage of officers and  the department intended to fill up the vacant posts by effecting promotions. He said in this process, some candidates whose interests clashed went to the court and sought stay and the entire process has been stalled.  It will affect many candidates and also normal functioning of the department, Mr Kumar maintained.