ORDER: There is a wrangle between Forest Apprentices (direct recruits) and Foresters (Promotees) about the manner in which the posts of Forest Rangers are to be filled. Foresters who have been temporarily promoted as Rangers have filed the writ petitions to impugn the orders of reversion passed against them. Interim stay has been granted, and now, the direct recruits want the stay to be vacated. 2. Under the Tamil Nadu Forest Subordinate Service Rules (hereinafter referred to as the Rules), the posts of Rangers have to be filled up from four sources viz. (i) Forest apprentices; (ii) Foresters trained in Rangers’ College run by the Government of India, (iii) Foresters trained by the State Forestry Training Centre and (iv) Members of the Madras Ministerial Service in the Forest Department who have been suitably trained. The rules prescribe a quota for each of the four sources, viz. 50 per cent for Forest apprentices, 25 per cent and 20 per cent respectively for foresters trained in the Central and State training institutions and 5 per cent for the members of the Ministerial service. 3. There are only 208 permanent vacancies for the posts of rangers. Besides, there are 319 temporary posts. The combined total comes to 527. 4. There are 219 forest apprentices waiting for appointment. The contention of the promotees is that only 104 forest apprentices can be appointed as rangers, because the number of permanent posts is only 208. On the other hand, the contention of the forest apprentices is that the total number of posts, permanent and temporary, now existing, is 527 and 50 per cent of that would come to 263, and therefore, all the 219 forest apprentices can be posted without any difficulty. 5. In support of their contention, the promotees place reliance on clause (vi) of Rule 5 which reads as follows: “When no officiating or substantive vacancy in the category of rangers exists, forest apprentices who have satisfactorily completed their probation shall, until any vacancy arises, be appointed as foresters.” According to the promotees, the 50 per cent quota available to forest apprentices would have reference only to the substantive posts and not temporary posts. The contention of the promotees cannot be accepted for the following reasons: (1) No doubt, clause (vi) does not refer to temporary posts, but only officiating or substantive vacancies. The contention of the promotees cannot be accepted for the following reasons: (1) No doubt, clause (vi) does not refer to temporary posts, but only officiating or substantive vacancies. There is no warrant for holding that forest apprentices who have a 50 per cent quota should be posted as rangers only against substantive vacancies, but the promotees from the cadre of foresters, who have only 25 and 20 per cent quotas of reservation respectively, should have no such restriction and be posted as rangers to the detriment of the forest apprentices. The percentage rule has to be applied with reference to all the posts, viz. officiating or substantive vacancis or temporary posts. (2) The promotees would say that forest apprentices who are not posted as rangers would not suffer any loss because they are entitled as per the rules to be posted as foresters till such time permanent vacancies occur. The same rule would govern the promotees also because., on reversion, they too would hold “their substantive posts of foresters and draw the salary and allowances relatable to those posts. It has to be borne in mind that forest apprentices have been specifically recruited for being posted as rangers. Only in the extreme event of there being no vacancy, they can be posted as foresters till such time vacancies arise. That would not mean that when temporary vacancies are available, they should not be posted in those temporary vacancies, but” should be forced to stand down in favour of promotees who have only lesser quotas of reservation. 6. The counter filed by the State contains a tabular statement, which gives the particulars of appointment of members belonging to each of the four Sources: Category Percentage Prescribed Admissible number out of total sanctioned strength Number actually employed Excess/ short fall 1. Forest Apprentices 50% 263 219 44 short fall 2. Foresters who have completed Rangers’ Course (Trained Foresters) 25% 132 62 70 -do- 3. Tamil Nadu Ministerial Service who have completed (Ranger’ Course) 5% 27 22 5 short fall 4. Foresters who have completed Foresters’ Training Un trained Foresters) 20% 105 376 217 Excess. Total 527 From this, it may be seen that when foresters trained in the State Training Institution can be posted as rangers only for 105 posts, there are actually 376 promotees now. Foresters who have completed Foresters’ Training Un trained Foresters) 20% 105 376 217 Excess. Total 527 From this, it may be seen that when foresters trained in the State Training Institution can be posted as rangers only for 105 posts, there are actually 376 promotees now. There is no justification in law to accept the contention of the promotees that only.104 forest apprentices can be posted as rangers and the remaining 423 posts must be allowed to be filled by promotees and transferees whose combined total comes only to 50 per cent. 7. Apart from the injustice to the forest apprentices, the interests of the State also require the posting of all the forest apprentices as rangers. If only 104 forest apprentices are posted as rangers and the remaining are posted as forestors, they will be drawing a higher pay but rendering service in lesser posts. There will, therefore, be unnecessary wastage of public funds. 8. No doubt, by reason of the stay order being vacated, the junior most of the promotees who are now holding the posts of rangers would face reversion. But, that situation cannot be averted. They have been given promotion only on a temporary basis and when someone with a superior claim to the post has to be given posting, the process of reversion is an inevitable necessity. 9. For the aforesaid reasons, the stay orders granted by this Court will stand vacated and the petitions for stay will stand dismissed. The petitions for the interim stay being vacated will stand allowed. The petitions for impleadment of the proposed parties will stand ordered. Stay vacated Petition allowed.