Holding

The 1999 amendment creating a 50:50 quota is not retrospective and does not confer seniority on promotee officers over directly recruited officers; the appeal is dismissed.

Summary

The case concerned five Forest Rangers who were promoted to Assistant Conservator of Forests (ACF) in 2002, but were later given notional promotions with retrospective effect to 1994 by a 2004 government order. Directly recruited ACFs appointed in 1996 challenged this order, arguing that the 1999 amendment to Rule 5 of the Arunachal Pradesh Forest Service Rules, which introduced a 50:50 quota between direct recruits and promotees, could not be applied retrospectively. The Supreme Court held that the pre‑1999 rule did not contain a 50:50 quota, that the 1999 amendment created a new substantive quota and was not a clarificatory amendment, and that it did not intend to have retrospective effect. Consequently, the promotee officers could not claim seniority over the directly recruited officers who had been serving since 1996. The Court dismissed the appeal, upholding the High Court’s decision.

Issues considered

Whether the 1999 amendment to Rule 5 introducing a 50:50 quota applies retrospectively to promotions made before its enactment.
Whether the amendment is a clarificatory amendment or a substantive amendment creating a new quota.
Whether the promotee officers are entitled to retrospective seniority over directly recruited officers appointed in 1996.
Whether the 50% provision in Rule 5 relates to the whole cadre strength or only to substantive vacancies occurring from time to time.
Whether a government order can grant retrospective promotion when the officers were not borne on the cadre at the earlier date.

Subjects

promotionseniorityretrospective effectservice rulesquota50:50forest servicedirect recruitmentinterpretation of statutesclarificatory amendment

Judgment

--!" --< NANI SHA AND ORS. A
v.
STATE OF ARUNACHAL PRADESH AND ORS.

MAY 16, 2007

[H.K. SEMA AND V.S. SIRPURKAR, JJ.) B

Arunachal Pradesh Forest Service Rules :

Rule 5-Promotion to post of Assistant Conservator of Forest-50% of
substantive vacancies occurring from time to time to be filled up by direct c
recruitment and remaining such vacancies to be filled liP by promotion-
Proviso added in 1999 laying down that posts filled by direct recruitment
and promotion not to exceed 50:50ratio-Government filling up posts by
promotion in 2004 and giving effect to such promotions from 1994-Held,
the rule before 1999 amendment did not fix 50:50 quota, therefore, promotions D
made in 2004 cannot be given retrospective effect from 1994-lnterpretation
of statutes-Amendment to rule-Whether can be given retrospectiva effect-
r Proviso added to rule-Whether c/arificatory in nature.

Rule 5 of the Arunachal Pradesh Forest Service Rules, before its
amendment by Notification dated 24.9.1999, provided, inter alia, that 50% of E
the substantive vacancies of Assistant Conservator of Forest, which occur from
time to time in the authorized permanent strength of the service, would be
filled by direct recruitment and the remaining such substantive vacancies
would be filled by selection from amongst officers who substantially held the
posts ofForest Rangers. By Notification dated 24.9.1999 a proviso was added
to Rule 5 to the effect that the posts actually filled by direct recruitment and F
Y promotion in the Grade II at any time would not exceed 50:50 ratio in the
authorized permanent strength of Grade II posts. The appellants were
appointed as Forest Rangers in the year 1984. After completing 5 years
service, according to the Rules, they had become entitled to be considered for
promotion to the post of ACF. But they were, in fact, promoted on 10.6.2002. G
Meanwhile the respondents were directly appointed as ACF through
competitive examination in the year 1996. The Government, pursuant to the
representations made, constituted another DPC and by an order dated
20.5.2004 awarded notional promotion to the appellants with retrospective
effect from December 1994. By this order all the appellants became senior to
ion H
1028 SUPREME COURT REPORTS (2007] 6 S.C.R.

A all the directly appointed respondents and, therefore, the latter group
challenged the order dated 20.5.2004 before the High Court in a writ petition.
The Single Judge of the High Court allowed the writ petition. The writ appeal
of promotee officers having been dismissed by the Division Bench of the High
Court, they filed the instant appeal.

B It was contended for the appellants that Rule 5 and the proviso appended
thereto in the year 1999 clarifying the position, laid down 50% quota for
directly recruited officers and the remaining 50% quota for the promotee
officers and as such the latter were rightly promoted with retrospective effect.
On the other hand, it was contended for the respondents directly recruited i'~
C officers that in the Scheme of the Rules there was no 50:50 quota between
direct appointees and promotees before 1999, and the said rule clearly provided
that 50% of substantive vacancies which occur from time to time would be
filled by direct recruitment and the remaining such vacancies were to be filled
by promotion. He further submitted that Rule 5 underwent a change and by
Notification dated 24.9.1999 a proviso was added, which for the first time
D introduced 50:50 quota without any retrospective effect.

Dismissing the appeal, the Court

HELD : 1. Considering the plain language of the unamended Rule there 1
can be no dispute that earlier what was contemplated by Rule 5 was only to
E fill by direct recruitment 50% of the "substantive vacancies which occur
from time to time in the authorized permanent strength of service". The Rule
does not contemplate that there shall be a separate quota for the two categories
from out of the cadre strength. The condition of the two categories having
50:50 strength came only by way of amendment. A perusal of the plain
language of the proviso shows that the position becomes all the more clear.
F Atleast from the plain language of unamended Rule 5 it cannot be said that
there was any quota for the two categories much less in the ratio of 50:50.
There was no evidence that the Government was all through treating, even
before 1999, that there was a 50:50 quota in between the promotees and direct
appointees. There can be no dispute that the government without any reason
G took unnecessarily long period to effect the promotions. However, the fact
remains that till 2002, the appellants were never promoted and the
respondents direct appointees were already working in the cadre on the
available posts right from 1996. Under such circumstances, if the seniority
y
of the direct appointees was honoured in comparison to the promotees, there
was no error committed by the Single Judge or the Division Bench of the
H
I NANI SHA>'. STATE OF ARUNACHAL PRADESH

High Court. [Para 9 and 101 [1034-E-F; 1035-B, C, E-FI
1029
A
2.1. From a reading of the proviso, it does not appear that there was
intention to apply the proviso with retrospective effect. In order to make a
provision applicable with retrospective effect, it has to be specifically expressed
in the provision. There is no such expression in the said proviso. Therefore,
it can not be held that the Rule is retrospective. [Para 111 [1036-C-EI B
2.2. Further, the Rule, in the form of the proviso for the first time, creates
a quota and thus crystallizes the rights of the direct appointees and the
promotees which was not there earlier. It, therefore, cannot be viewed as a
clarificatory amendment. Again whether the amendment is clarificatory or C
would not depend upon the language of the provision as also the other Rules.
Therefore, the appellants did not have right to claim a retrospective seniority
particularly above the respondents who had been working in the post of ACF
right from July, 1996. [Paras 11 am' 12] [1036-D, E, H; 1037-A]

Uttaranchal Forests Rangers' Asson.(Direct Recruit) & Ors. v. State of D
U.P. & Ors., JT [2006) 12 SCC 513 ; State of Uttaranchal & Anr. v. Dinesh
Kumar Sharma, (2007) 1 SCC 683-; State of Bihar & Ors. v. Akhouri Sachindra
Nath. (1991) Supp. 1SCC334 and State ofBihar & Ors. v. Bateshwar Sharma,
(1997) sec 424, relied on.

3. The High Court has rightly rejected the claim of the appellants on E
another ground, namely, that the appellants were not borne in the cadre of
the ACF on the date from which they have been given the seniority. Besides,
there cannot be any dispute that all through right from 1996 when the
respondent were appointed till 2002, the appellants were working under the
respondents in capacity of the Range Forest Officers. The appellants came in
the posts of ACF and started exercising the powers and duties as ACF only F
from 2002. It would be, therefore, very unfair to allow the appellants to steel
a march over th_e direct appointees under whom they worked practically for
eight years. On this ground the view of the High Court that at this point of
time there would be no justification in upsetting the whole balance, is
concurred. G
[Para 14 and 15) (1037-F-G; 1038-B-C)

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2665 of2007.

From the Final Order cated 29. 7.2005 of the High Court of Judicature at
Guwahati in W.A. No. 460/2005. H
1030 SUPREME COURT REPORTS [2007] 6 S.C.R.

A C.M. Nayar, Sr. Adv., R.K. Singh, and C.D. Singh for the Appellants.

L. Nageshwara Rao, Sr. Adv., Anil Srivastav, Hrishikesh Baruah, Shailesh
Madiyal, Arjun Bobde, R.B. Phookan and Jyoti Mendiratta for the Respondents.

The Judgment of the Court was delivered by
B
V.S. SIRPURKAR, J. I. Leave granted.

2. This appeal is a classic example of the internal fight between the
direct employees and the promoted employees in the matter of inter-se senio;ity.
''
C 3. The appeal has been filed by five appellants challenging the judgment
of the Division Bench of the Guwahati High Court whereby the judgment of
the learned Single Judge of the High Court was confirmed. The learned Single
Judge had allowed the writ petition filed by the respondents herein. In the
writ petition the respondents herein, who are the directly appointed Assistant
Conservator of Forests (hereinafter referred to as the "ACF" for short) had
D challenged an order passed by the State of Arunachal Pradesh dated 8.6.2004
vide No.FOR 376/E(A)/2001/4901-61 granting retrospective effect promotions
to the appellants herein with effect from 2.11.1994. With that retrospective
effect the respondent nos.3 to 7 herein became junior to the appellants since
they were all appointed in the year 1996 after direct examination to the post
E of ACF. The learned Judge found that giving such retrospective effect would
i
-
be illegal and on the concerned date they were not even borne on the cadre
of ACF and were only serving as Range Forest Officer. He also found that
in the unamended Rule 5 which provided for method of Recruitment, there
was no 50:50 quota for the direct recruits and the promotees which quota
came to be introduced only by way of an amendment effected to Arunachal
F Pradesh Forest Rules vide notification No.FOR.391/E-A/90/32343 dated
24.9.1999 and as such even ifthe respondents herein were given more than
50% posts in the cadre of ACF, it was permissible and as such the promotions
made of the appellants herein for the first time in the year 200 I could not be
dated back by giving retrospective effect from the year 1994.
G 4. In order to understand the controversy some facts would be necessary.
All the present appellants herein started their career in the post of Forest
Rangers and after their training in the Forest Rangers College, Kurseong, they
were appointed as Forest Rangers with effect from 7.7.1984. The post of
Forest Rangers is the feeder post for the post of ACF. There are Service Rules
H for governing the service conditions called Arunchal Pradesh Forest Service
•
NANI SHA'" STATE OF AR UN AC HAL PRADESH [V.S. SIRPURKAR, J.] 1031

\
Rules. These Rules provide, inter alia. that a Forest Ranger would have to put A
in five years of service before being promoted to the post of ACF. In that way
the appellants herein had become entitled for being considered for promotion
by 1989. They were, however, not promoted in the year 1989 and were in fact
promoted on 10.6.2002. However, in the meantime the respondents herein were
selected after the competitive examination and were appointed in the year
1996. Naturally, the respondents herein were senior to the appellants in the B
cadre of ACF. The government on account of the representations made
constituted another Departmental Promotion Committee (hereinafter referred
to as the "DPC" for short) and the present appellants were awarded the
notional promotion with retrospective effect, i.e., from December, 1994. This
order was passed on 20th May, 2004. Because of this order all the appellants c
would become senior to all the directly appointed respondents and for this
precise reason the said crder came to be challenged before the Guwahati High
Court which challenge was accepted by the learned Single Judge and the
judgment of the learned Single Judge was confirmed by the Division Bench
which has necessitated the present appellants to come before us.
D
5. Shri C.M. Nayar, Senior Advocate urged before us that the
appointments of the respondents herein were in excess of quota and, therefore,
,.. amounted to fortuitous appointment without carrying the seniority with such
appoiniments. He painstakingly pointed out that all the appellants who were
appointed in 1984 had unblemished service and, therefore, they had earned
a right after five years of service to be considered for the promotion to the
E
post of ACF. Unfortunately, there was no exercise on the part of the State
Government to constitute any DPC right from 1989 till 2002 when they were
actually promoted. It is pointed out by the learned Senior Counsel that it was
for no fault of the appellants that the promotions were not granted to them
and had such DPC being constituted in time as was expected under the F
administrative norms, they would have been senior to the present respondents
who were directly appointed only in the year 1996. Carrying his arguments
further, the learned counsel urges that at any rate, the direct appointments
made of the respondents in the year 1996 were bound to be held as fortuitous
appointments as at the time when the appointments were made, there were
already more than 50% posts filled up by the direct appointees. Learned G
counsel takes us to Rule 5 and points out that under that Rule there was a
. clear quota of 50% in case of direct appointees while remaining 50% was to
(
go to the promotees. We have been shown the position of the vacancies as
occurring in 1996 from which the learned counsel buttresses his arguments
that direct appointees were occupying more than 50% posts out of the total H
1032 SUPREME COURT REPORTS (2007] 6 S.C.R.

A cadre posts of 54. According to the learned counsel only 27 posts could have
gone to the direct appointees, but on 1.1.1996 28 direct appointees were
already occupying the posts and as if that was not sufficient, five more
persons were brought in by way of direct appointments making the total
figure of the direct appointees to 33. This, according to the appellants. was
not permissible and, therefore, the appointments of the respondents made on
B 1.7.1996 were bound to be held fortuitous appointments not carrying any
seniority with the appointment. It is then pointed out that this position of
over-crowding by the direct appointees continued right till 2000 and even on
the date when the appellants were promoted there were 3 I direct appointees
'\,
as against 27 posts which could come to their share. From this the learned
C counsel urges that it was only to allay the grievance of the promotees that
the State Government had taken a decision to remove this disparity causing
injustice to the promotees and, therefore, their promotions were made
retrospective with effect from 1992. Learned counsel assailed both the
judgments and argued that this position was not properly viewed by both,
the learned Single Judge and the learned Division Bench and, therefore, both
D the judgments were rendered erroneous and were liable to be set aside.
6. As against this Shri L. Nageshwara Rao, Senior Advocate pointed out
that under the Rules as they existed at the time of direct appointment of the
respondents, there was no 50:50 quota between the direct appointees and the
E promotees. For this purpose he heavily relies on the language of Rule 5 which
is the relevant rule. He further points out that the said Rule 5 later one
underwent a change whereby a proviso was added thereto more particularly
by notification No.391/E-A/90/32343 dated 24.9.1999. Learned counsel points
out that it is for the first time that 50:50 quota was introduced in between the
direct appointees and the promotees. According to the learned counsel atleast
F till the 50:50 quota was introduced, it was perfectly possible for the government
to fill up more than 50% vacancies from any group direct appointees or
promotees. Learned counsel further went on to say that in the year 1994, the
year from which the appellants have been given the seniority, they were not
even borne in the cadre and, therefore, they could not have claimed seniority
G over and above the direct appointees who had already occupied the post in
the year 1996 itself. Learned counsel very fairly agreed that had there been
a 50:50 quota, then there was no question of the direct appointees overshooting
the quota and in that event the direct appointees would have had no case
y
because they had clearly exceeded to 27 posts which would have been
available to them under the Rules.
H
NANI SHA"· STATE OF ARUNACHAL PRADESH [V.S. SIRPURKAR, J.] 1033

7. It will, therefore, have to be found as to whether there was a quota A
of 50:50 for the promotees and direct appointees and whether the direct
appointees had exceeded their quota on the day of their appointment.

8. For this purpose it would be worthwhile to see the language of Rule
5 before its amendment. Rule 5 before it was amended was as under:
B
"5. Method ofRecruitment: Save as provided in Rule 17, appointment
to the service shall be made by the following methods, namely:

(
(a) 50% of the substantive vacancies which occur from time to time
I
in the authorized pennanent strength of the service shall be filled
by direct recruitment in the manner specified in part IV of these C
rules, and

(b) The remaining such substantive vacancies shall be filled by
selection in the manner specified in Part V of the Rules from
amongst:
D
i) Officers who substantively hold the posts of Forest Rangers
and possess the minimum qualification of High School or
equivalent under the Government of Arunachal Pradesh.
ii) Officers who may be considered for appointment to the service
at its initial constitution, though not actually appointed under E
Rule 7 and who substantively hold any of the specified posts in
the schedule or such other posts connected with forestry as may
be approved by the Government of Arunachal Pradesh for the
purpose of these rules.
Provided that nothing in this rules shall preclude the Governor p
from holding a vacancy in abeyance or filling up on officiating
basis in accordance with the provisions of these Rules."

It is this Rule that the learned counsel for the appellants uses for in support
of his contention that there is 50% quota in the cadre. Shri Nageshwara Rao
points out that the Rule of 50% does not apply to the whole cadre of the ACF G
but applies only to "substantive vacancies which occur from time to time"
in the authorized pennanent strength of the service. Shri Nageshwara Rao
, . points out that from the language of Clause (a) it is very clear that there is
no mention of 50% of the cadre strength, it is only the vacancies which occur
from time to time, contemplated in the Rules. Learned counsel further suggests H
that even in respect of the promotees the words ;'such substantive vacancies"
1034 SUPREME COURT REPORTS [2007) 6 S.C.R.

A in Sub-Rule (b) would indicate only the substantive vacancies which have
occurred from time to time in the authorized permanent strength of service and
remained after the vacancies are filled up by direct appointees. Learned
counsel then points out that in the whole of the Rules as they existed before
the amendment, there is no mention of a fixed 50% quota for the direct
B appointees and the promotees. To substantiate this argument our attention
is invited to the amended Rule 5. We find that all that is added by the
amendment is the proviso which is to the following effect:

"Provided that the posts actually filled by direct recruitment and
promotion in the Grade II, at any time should not exceed 50:50 ration
c in the authorized permanent strength of Grade-II posts, further that,
nothing in these rules shall preclude the Government from holding a
vacancy in the service in abeyance of filling it on officiating basis in
accordance with the provisions of Part VIII of these Rules."

Learned counsel Shri Nair, however, tries to suggest that the aforementioned
D addition of proviso is only by way of a clarification and, therefore, this Rule
should be viewed with retrospective effect and it should be viewed as if quota
was always there even earlier.

9. Considering the plain language of the unamended Rule there can be no
E dispute that earlier what was contemplated by Rule 5 was only "substantive
vacancies which occur from time to time in the authorized permanent strength
of service". The Rule does not contemplate that there shall be a separate
quota for the two categories from out of the cadre strength. The condition
of the two categories having 50:50 strength came only by way of amendment.
When we see the plain language of the proviso that position becomes all the
F more clear. Atleast from the plain language of unamended Rule 5 we are
unable to see any quota being there for the two categories much less in the
ratio of 50:50. On this backdrop when we see the chart of vacancy position,
it is apparent that on 1.1.1996, out of 54 sanctioned posts 28 were already
filled in by direct recruits and 15 posts were occupied by the promotees. Thus
G there were in all 43 posts which were occupied and 11 posts were vacant. It
seems that these 11 posts were to be filled and, therefore, 50% posts, namely,
5 posts as per the unamended Rule 5 went to the direct recruits and were filled
in on 1.7.1996. For some reasons which are beyond our imagination, the posts
of promotees were never filled and remained pending right from 1996 upto
2002. On 24.9.1999 when the amendments came, the position was that out of
H 54 posts 32 posts were occupied by the direct appointees while only 12 posts
NANI SHA v. STATE OF ARUNACHAL PRADESH [V.S. SIRPURKAR, J.] J035
were filled in by the promotees. It seems that ultimately in 2002 as many as A
12 posts were filled in by promotions and right upto 1.1.2004 the posts of the
direct appointees remained at 31 without adding even a single post obviously
to honour the quota introduced in 1999. The posts of the promotees which
had dwindled upto 9 then became 21 with effect from 3.4.2002. This was
obvious because of the promotion. There can be no dispute that the B
government took unnecessarily long period to effect the promotions.
Apparently, there is no reason for this with the government. However, the fact
remains that till 2002, the promotees were never promoted and direct appointees
were already working in the cadre on the available posts right from 1996.
Under such circumstances, if the seniority of the direct appointees was
honoured in comparison to the promotees, we do not think there was any C
error committed by the learned Single Judge or the Division Bench. This takes
us to the question of retrospective effect of the Rule.

10. It was tried to be impressed upon by the learned counsel for the
appellant that Rule 5(a) would operate retrospectively as its nature was D
clarificatory. It was tried to be further impressed that even the government has
treated, right from the beginning that there was a quota and it was only to
redress the injustice done to the promotees that the government passed the
impugned Resolution dated 20th May, 2004. Firstly, we must clarify that there
was no evidence put before us by the Government that it was all through
treating, even before 1999, that there was a 50:50 quota in between the E
promotees and direct appointees. Such an evidence was bound to be put
before the High Court in the first instance which was not so put. The exercise
done on 20th May, 2004 appears to be not a suo motu exercise on the part
of the government but on the basis of the representations made by the
present appellants. We can understand if the government had made this F
exercise of 20th May, 2004 on its own, that would have given credence to the
arguments that the government had always been treating that there was a
50:50 quota in between the direct appointees and the promotees but that did
not happen and the government was "persuaded' to hold another DPC on
the basis of the representations and of course the advise tendered by P&AR G
Department in U.O. No.409 dated 21.10.2003. That document is not before us
and we have no way to find out as to whether it was put before the High
Court to support an argument that the government was always under the
impression that there existed a quota. On the other hand the DPC viewed that
there were some posts which were bound to be reserved for the Scheduled
Tribes candidates and they were bound to be treated as backlog vacancies H
1036 SUPREME COURT REPORTS [2007] 6 S.C.R.

A to be filled up as per 100 points roster and it is for this reason that the posts
were to be filled up by the appellants. So far so good, but we completely fail
to understand that even when there were backlog vacancies how was the
government justified in giving a retrospective effect from 2.11.1994 in four
cases and from 31.12.1994 in favour of Shri T. Tapi. There is no justification
B whatsoever of giving the retrospective effect. We, therefore, endorse the view
expressed by the High Court that there was no necessity of giving the
retrospective effect.

11. Reverting back to the effect of the proviso, we do not find anywhere
j'
any such intention to apply the proviso with retrospective effect. In order to
c make a provision applicable with retrospective effect, it has to be specifically
expressed in the provision. We do not find such an expression in the said
proviso. Nothing had stopped the government before amending the Rule to
word it specifically, making it retrospective. That was not done and we are
not prepared to hold that the Rule is retrospective. Secondly, we cannot
countenance the argument that the Rule has a clarificatory nature. The Rule,
D
for the first time, creates a quota and thus crystallizes the rights of the direct
appointees and the promotees which was not there earlier. It, therefore,
cannot be viewed as a clarificatory amendment. Again whether the amendment
is clarificatory or not would depend upon the language of the provision as --f
also the other Rules. We have examined the Rules which did not suggest that
E there was any quota existing as such. On the other hand we see Rule 25 which
is a Rule regarding seniority and more particularly Rule 25(c). It is apparent
from the language of the Rule that the government thought otherwise. Rule
25(c) is as under:

"The relative seniority of direct recruits and of promotees shall be
F determined according the rotation of vacancies between direct recruits
and promotees which shall be based on the quotas of vacancies y
reserved for direct recruitment and promotion under Rule 5".

This language suggests that the only quota that was contemplated was as
G per Rule 5 which we have already explained in the earlier part of the judgment
which suggests the 50% quota only in the "substantive vacancies which
occurred from time to time" and not the whole vacancies in the cadre. We are,
therefore, unable to accept the argument of the learned counsel for the
appellants. )-- -

H 12. Therefore, one thing is certain that the appellants did not have right
NANI SHA'" STATE OF ARUNACHAL PRADESH [V.S. SIRPURKAR, J.] 1037

"lo -< to claim a retrospective seniority particularly over and above the respondents
who had been working in the post of ACF right from July, 1996.
A

13. This Court in a reported judgment in State of Uttranchal & Anr. v.
Dinesh Kumar Sharma, (2007] 1 SCC 683 has clearly held that the seniority
is to be reckoned not from the day when the vacancy arose but from the date
on which the appointment is made to the post. There this Court was interpreting B
Rules 17 and 21 of the U.P. Agriculture Group B Service Rules, 1995 and Rule
8 of the U.P. Government Servants Seniority Rules, 1991. This Court
disapproved the stance taken by the High Court that the directions should
,-( have been given not from the date of appointment but with retrospective
effect when the vacancy arose. The following observations in para 34 are c
speaking and would close the issue:

"Another issue that deserves consideration is whether the year in
which the vacancy accrues can have any relevance for the purpose
of determining the seniority irrespective of the fact when the persons
are recruited. Here the respondent's contention is that since the D
vacancy arose in 1995-96 he should be given promotion and seniority

-
from that year and not from 1999, when his actual appointment letter
was issued by the appellant. This cannot be allowed as no retrospective
effect can be given to the order of appointment order under the Rules
)'
nor is such contention reasonable to normal parlance. This was the E
view taken by this Court in Jagdish Ch. Patnaik v. State of Orissa,
[1998] 4 sec 456".

(Emphasis Supplied)

14. Lastly, the High Court has specifically rejected the claim of the F
appellants on another ground, namely, that the appellants were not borne in
..,, the cadre of the ACF on the date from which they have been given the
seniority. We are in complete agreement with the High Court, particularly in
view of the decision of this Court reported in State ofBihar & Ors v. Akhouri
Sachindra Nath, [1991] Supp. 1SCC334 which decision was reiterated in the
G
case of State of Bihar & Ors. v. Bateshwar Sharma, [ 1997] SCC 424. We do
not want to burden this judgment with further reported decisions. However,
the same view has been taken in another reported decision of this Court in
Uttranchal Forest Rangers' Asson. (Direct Recruit) & Ors. v. State of U.P.
--r & Ors., JT [2006] 12 SCC 513 where in paragraph 18 this Court has taken a
view that no retrospective promotion or seniority can be granted from a date H
1038 SUPREME COURT REPORTS [2007] 6 S.C.R.

A when an employee has not even been borne in the cadre so as to be adversely
affecting those who were appointed validly in the meantime.

15. There is still one another reason for our concurring with the High
Court's judgments. There cannot be any dispute that all through right from
1996 when the respondents were appointed till 2002, the appellants were
B working under them in capacity of the Range Forest Officers, the appellants
came in those posts and started exercising the powers and duties of the post
of ACF only from 2002. It would be, therefore, very unfair to allow the
appellants to steal a march over the direct appointees under whom they
worked practically for eight years. On this ground we concur with the High
C Court that at this point of time there would be no justification in upsetting
the whole balance.

16. We, therefore, find no force in the appeal and dismiss the same but
without any orders as to costs.

D RP. Appeal dismissed.