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Judgment
L. Narasimha Reddy, J
The applicant participated in All India Services Examination held in the year 2008. On the basis of the rank obtained by him in the examination, he was appointed to the Indian Forest Service. In the context of allocation of cadres, he gave options in the order of - (1) Kerala, (2) Tamil Nadu, (3) Karnataka, (4) Himachal Pradesh, (5) Uttarakhand, (6) Sikkim, (7) Madhya Pradesh, (8) Andhra Pradesh and (9) Maharashtra. However, he was allotted to the Manipur and Tripura cadre, through notification dated 22.04.2010. He made representation dated 26.04.2010 protesting against the cadre allocation.
The Ministry of Environment and Forests replied through letter dated 15.09.2010, stating that on account of non-reporting of vacancies by all the States, the data maintained by the Ministry was taken as the basis, and as the first step, one candidate for each of the 24 cadres was allotted, and thereafter the remaining 51 officers were apportioned among all the cadres, proportionate to the deficiency, in order to reduce the gap. Another communication was issued on 01.10.2009 regarding cadre allocation. The applicant feels aggrieved by the act of the respondents in not allocating him the Kerala cadre for the concerned year.
The applicant contends that though adequate number of vacancies existed in the Kerala cadre, the respondents did not fill them, and the ratio between the insiders and outsiders was not maintained.
The respondents filed a counter affidavit opposing the OA. It is stated that the computer-aided allocation was made to the various cadres and no illegality has taken place in the same. It is also mentioned that due to shortage of candidates, all the vacancies available in a particular State cadre were not filled, and that no illegality has crept in allocation to the applicant to the Manipur and Tripura cadre.
We heard Shri Ajesh Luthra, learned counsel for the applicant, and Shri H. K. Gangwani, learned counsel for the respondents.
The issue pertains to the allocation of cadres to the Indian Forest Service officers of the 2008 batch. In OA No.4413/2011 filed by one Mr. Arun R. S., the same issue was dealt with. Incidentally, Mr. Arun R.S. and the applicant herein are natives of the Kerala State, and both of them were allotted the Manipur and Tripura cadre. After discussing various aspects at length, we allowed OA No.4413/2011 through order dated 30.08.2018. The only difference between the applicant herein and Mr. Arun R.S. (applicant in OA No.4413/2011) is that while the former occurs at serial number 33 in the order of allocation dated 22.04.2010, the latter occurred at serial number 27. Specific directions were issued in the order in that O.A.
The parties herein do not dispute that the facts of the present case are identical to those in OA No.4413/2011.
We, therefore, allow this OA directing that -
(a) the allocation of outsider candidate against the one of the vacancies of IFS Cadre of Kerala State through order dated 22.04.2010, is set aside;
(b) the respondent Nos.1 to 3 shall identify the vacancy that was otherwise to be filled by insider, and the insider candidate who was entitled to be posted against that;
(c) if it is otherwise permissible in law, the exercise indicated in para 14 of the order in OA No.4413/2011 shall be undertaken;
(d) if that alternative is not possible, the outsider candidate who was appointed against the insider vacancy of the year shall be shifted to the cadre, which he was otherwise entitled to, and the fact that all the vacancies available in that year were not filled shall be taken into account;
(e) the exercise in this behalf shall be completed within a period of four months from the date of receipt of copy of this order.
There shall be no order as to costs.