ORDER Hon’ble Shri M.M. Praharaj, Member (Admn.) :-Since the relief (s) sought for by the applicants in above O. As. are similar in nature, both the cases are taken up together for analogous hearing and disposed of by this common order. 2. The applicant in O.A. 594 (C) /23016, a Forest Guard present working as such in the City Forest Division, Bhubaneswar has prayed for a direction to the respondents particularly respondent No.3 to restore her position in the gradation list of Forest Guards of City Forest Division treating her date of joining as Forest Guard w.e.f. 17.08.2000 as reflected in Annexure-10. The applicant in O.A. No. 643 (C)/2016 who is also a Forest Guard and presently working in the City Forest Division, Bhubaneswar has prayed to quash the Final Gradation list of Forest Guards published by respondent No.3 the Divisional Forest Officer of that division as at Annexure-9 and to further direct respondent No.3 to prepare the gradation list by taking into account her initial date of appointment as Forester and thereby restoring her position maintained in the provisional gradation list published vide letter dtd. 10.07.2015 as at Annexure-5. 3. Brief facts in O.A. No.594 (C)/2016 are as follows : The applicant was initially appointed as a Forest Guard in Puri Forest Division, Khordha as per relevant rules i.e. Orissa Subordinate Forest Service (Method of Recruitment and Conditions of Service of Forest Guards)Rules 1998 and was sent for training to Forest Rangers College at Angul in Memo dtd. 12.02.2000 at Annexure-1 of respondent No.4. After completion of training she joined as a Forest Guard under respondent No.4 vide order dtd. 20.08.2000 at Annexure-2.While she was continuing as such she was posted in the office of respondent No.2 the Conservator of Forests (now upgraded as Regional Chief Conservator of Forests)l, Bhubaneswar Circle on deployment basis. The said order was of respondent No.2 dtd. 17.11.2004 and corresponding order dtd. 24.11.2004 at Annexure-3 of respondent No. 4. The applicant joined in the office of respondent No.2 on 14.12.2004 at Annexure-4.Though Annexure-3 order deploying/posting for in respondent No.2’s office was only for one year she continued there thereafter till 2013 i.e. for about nine years. In response to her representation respondent No.2 issued an office order “absorbing” her as Forest Guard in his office vide order dtd. The applicant joined in the office of respondent No.2 on 14.12.2004 at Annexure-4.Though Annexure-3 order deploying/posting for in respondent No.2’s office was only for one year she continued there thereafter till 2013 i.e. for about nine years. In response to her representation respondent No.2 issued an office order “absorbing” her as Forest Guard in his office vide order dtd. 06.09.2013 in pursuance to rule 72 of the Orissa Forest Code at Annexure-5.Annexure-6 is a communication from respondent No.4 giving detailed information about the applicant. 4. Respondent No.1 the Principal Chief Conservator of Forests, Odisha issued direction to all sub-ordinate formations with regard to Cadre Management service conditions of Forest Guards and Foresters where it was instructed that the appointing authority of Forest Guard and Foresters are Divisional Forest cadre of the relevant divisions w.e.f. 31.10.2014.It was also specified that inter se seniority of the Forest Guard in the transferred establishment shall be fixed in accordance with the instructions issued in Circular by Memo dtd. 23.11.2007.The direction dtd. 10.10.2014 is at Annexure-7.The circular dtd. 23.11.2007 of respondent No.1 is at Annexure-8. In Clause 2 of the circular it is indicated that in the case of Forest Guards transferred to a particular division by way of deployment on administrative exigency, reorganization, abolition of division etc. the inter se seniority shall be fixed on the basis of date of appointment as Forest Guard. Further, at Clause 3 it is mentioned that only in case where a Forest Guard on his own request, has been transferred to another division, his seniority in the new division shall be fixed as the junior most Forest Guard as on the date of his joining. Further, such transfers are only to be ordered on mutual basis. According to Clause 5 the posts of Forest Guard available in the Circle Office or Head Office shall be filled up by way of deployment from divisional cadre on fixed tenure basis and the Forest Guards so deployed shall continue to hold their lien in the parent divisions from which they were deployed. The applicant was relieved from the establishment of respondent No.2 w.e.f. 31.10.2014 with a direction to join the establishment of respondent No.3 in Memo dtd. 31.10.2014 of respondent No.2 at Annexure-9. The applicant was relieved from the establishment of respondent No.2 w.e.f. 31.10.2014 with a direction to join the establishment of respondent No.3 in Memo dtd. 31.10.2014 of respondent No.2 at Annexure-9. After joining of the applicant in the establishment of respondent No.3 i.e. Divisional Forest Officer, City Forest Division, Bhubaneswar a gradation list of Forest Guards showing seniority as on 01.01.2015 was published and communicated to the applicant on 10.07.2015 at Annexure-10 were her position was correctly reflected. Upon representation of another Forest Guard who is much junior to her challenging her seniority as reflected in Annexure-10 her position was sought to be altered. The applicant submitted a representation dtd. 26.11.2015 at Annexure-11 series justifying her position in relation to rules. However, ignoring such rules upon instruction of respondent No.1, respondent No.3 issued a final gradation list reducing her seniority below 39 other Forest Guards as at Annexure-12. Although showing her appointment to be from 17.08.2000 as a direct recruit Forest Guard as she joined in Puri Forest Division, Khorda on 17.08.2000 her seniority in the gradation list has been taken to be 06.09.2013. 5. The case of the applicant in O.A. No.643 (C)/2016 sworn of unnecessary details is almost similar to that of the applicant in O.A. No.594 (C)/2014. She also initially joined as a Forest Guard in Puri Forest Division, Khorda and thereafter her services was placed in to the office of the Conservator of Forests (now Regional Chief Conservator of Forests), Bhubaneswar. Her grievance is that she was also placed correctly in the provisional gradation list as per rules and instructions in force. Provisional gradation list is at Annexure-5 dtd. 10.07.2015 but the final gradation list dt. 6.2.2016 her position has been down graded seniority counted from the date she joined in the City Forest Division. All this has been done illegally on the basis of representation filed by other Forest Guards. 6. Respondents have filed counter in both the O.As. In the counter in O.A. No.594 (C)/2016 it was submitted that the applicant was appointed by respondent no.4 as a Forest Guard on 20.08.2000.She was posted to the office of the respondent No.2 as per office order dtd. 17.11.2004 at Annexure-8 of respondent No.2 for a temporary period for taking up evaluation and monitoring work. She continued there till enforcement of cadre management of Forest Guards on reorganization. 17.11.2004 at Annexure-8 of respondent No.2 for a temporary period for taking up evaluation and monitoring work. She continued there till enforcement of cadre management of Forest Guards on reorganization. Instead of returning to her parent Division, she submitted representation and undertaking on 22.08.2013 at Annexure-B for her transfer and posting to the office of Regional Chief Conservator of Forests, Bhubaneswar-respondent No.2.Respondent No.2 in his office order dtd. 06.09.2013 at Annexure-C considered her case and passed an order that she shall accept her seniority as junior most Forest Guard as being the junior most of the Forest Guards on the date of her joining and she should not claim seniority on the basis of her date of appointment. Accordingly the applicant has joined on 06.09.2013 in the office of the Regional Chief Conservator of Forest, Bhubaneswar. As per the rules of Cadre Management of Forest Guards in view of Memo dtd. 23.11.2007 at Annexure-D and letter dtd. 10.10.2014 at Annexure-E of Principal Chief Conservator of Forests, Odisha the gradation list of Forest Guards are required to be prepared by each Forest Division and accordingly the final gradation list has been prepared and communicated vide Memo dtd. 06.02.2016 at Annexure-F of Divisional Forest Officer & Wild Life Warden, City Forest Division, Bhubaneswar-respondent No.3. in the final gradation list her service seniority had been given with effect from 6.9.2013 in view of office order dtd. 6.9.2013 at Annexure-C. Further, the applicant has filed an objection vide representation dtd. 26.11.2015 and 5.12.2015 but this was not considered in view of undertaking dtd. 22.08.2013 of the applicant and office order dt. 6.9.2013 Annexure-C of respondent No.2.Since the applicant has submitted a representation dtd. 22.8.2013 to be transferred to the Regional Chief Conservator of Forests’ office and submitted an undertaking on that date as required in Memo dtd. 23.11.2007 at Annexure-D and accordingly her transfer to the office of the Regional Chief Conservator of Forests, Bhubaneswar was made in order dtd. 6.9.2013 at Annexure-C her claim of seniority cannot be accepted. She was staying for a long period at Bhubaneswar on her interest instead of returning to the parent division. Therefore on her posting to the office of respondent No.2 she has lost her service seniority as per Annexure-D and F. Therefore, question of seniority in view of Memo dtd. 6.9.2013 at Annexure-C her claim of seniority cannot be accepted. She was staying for a long period at Bhubaneswar on her interest instead of returning to the parent division. Therefore on her posting to the office of respondent No.2 she has lost her service seniority as per Annexure-D and F. Therefore, question of seniority in view of Memo dtd. 23.11.2007 Annexure-D of the PCCF respondent No.1 is not applicable to her case as she has lost her service seniority in the parent division. Her posting to the office of Regional Chief Conservator of Forests, Bhubaneswar is treated as a new station and it has already been entered in the Service Book at page 19. Her posting as per office order dtd. 17.11.2004 at Annexure-A is not a transfer case but respondent No.2’s order dtd. 06,.09.2013 at Annexure-C is an order of transfer. Thereafter the same point has been reiterated time and again and it was submitted in view of order of transfer with condition she will lose her seniority as a Forest Guard. As such her seniority has been counted by respondent No.3 only from 6.9.2013. Similarly counter has been filed by the same respondents with regard to O.A. No.643 (C)/2014. 7. Heard Mr.R.N. Nayak and Mr. M.K. Khuntia, learned Counsel for the applicant in both the cases and Mr. H.K.Panigrahi, learned Addl. Standing Counsel. 8. The issue is which date shall be treated as the initial date of joining of the applicants as Forest Guards in the gradation list to be prepared by City Forest Division, Bhubaneswar i.e. establishment of respondent No.3. No statutory rules or provision has been cited. Hence, this is to be determined only keeping in view executive instructions on various dates. These executive instructions are as follows : Rule – 72 of the Orissa Forest Code in which states – “Except in exceptional cases to be recorded in writing Foresters, L.D. Clerk, Stenographers and Forest Guards should not be transferred from one division to another. Such transfers should not be for a period of more than 3 years and the incumbent should be re-posted to the parent division on expiry of the terms.” Next is dtd. 23.11.2007 letter of the PCCF regarding cadre management of Forest Guards. Such transfers should not be for a period of more than 3 years and the incumbent should be re-posted to the parent division on expiry of the terms.” Next is dtd. 23.11.2007 letter of the PCCF regarding cadre management of Forest Guards. In that circular it has been clearly pointed out that as per Rule 72 of OFD Code 1979 “xx Forest Guards constitute divisional cadre and therefore, ordinarily, are not to be transferred to other divisions except on administrative exigency. The transfer made on the basis of administrative exigencies are to be reversed prior to completion of 3 years. The rationale behind such a provision is that since the Forest Guards constitute divisional cadre, inter-divisional transfer may disturb their inter-se seniority, provide undue advantage to some in the matters of promotion etc. However, under compelling situation like administrative exigency, reorganization, project related deployment etc. such transfers become unavoidable resulting in cadre mismanagement of Forest Guards at divisional level. It has been under consideration for some time past to prescribe a set of guidelines to govern the cadre management arising out of inter-divisional transfer. Accordingly, the following guidelines are issued in suppression of all previous guidelines, lf any, in this matter.” Thereafter, in the order dtd. 10.10.2014 at Annexure-7 which once again it was emphasized that “Foresters and Forest Guards are basically divisional/district cadre personnel; and Deputy Conservator of Forests are the appointing and cadre controlling authorities for these categories of officers in their respective forest division. However, there are also posts of Forest Guard and Forester sanctioned for other establishments headed by officers higher in the rank of Deputy Conservator of Forests and recruitment to such posts has been made by the concerned head of office. Thus, with reference to cadre of Forest Guards and Foresters where in most cases the appointing authority is Deputy Conservator of Forests and in a few cases the appointing authority is higher in the rank than Deputy Conservator of Forests. This will create confusion while dealing with disciplinary cases. If these islands of cadre of Forest Guard and Foresters are allowed to continue, the promotion prospects of these employees will be severely restricted. Further, there are also establishments where no. of such posts is very low and filling up of vacancies as and when occur is cumbersome. This will create confusion while dealing with disciplinary cases. If these islands of cadre of Forest Guard and Foresters are allowed to continue, the promotion prospects of these employees will be severely restricted. Further, there are also establishments where no. of such posts is very low and filling up of vacancies as and when occur is cumbersome. Thus there is a need to re-organize the cadre of FG & Forester for the purpose of better management. Accordingly, the cadres of FG and Forester are re-organized to the extent detailed below : The number of posts of Forest Guard and Forester sanctioned for any establishment where appointing authority is higher in rank than Deputy Conservator of Forests are transferred to be borne in the Forest Guard and Forester cadres of the Divisional Forest Officers detailed below : Sl. Transferred from the establishment. No. of Posts transferred. Transferred to the Establishment. FG Forester. PCCF & HOFF 16 7 DFO, City Forest Pd , WFP & OBDA 16 6 Division. 9. From the above circulars/instructions the following conclusion can be taken on the basis of facts as brought out in the O.A., counter and rejoinders. All the circulars/guidelines as above emphasized time and again that Forest Guard is a divisional cadre. Applicants in both the O.As. were recruited in Puri Forest Division, Khorda but subsequently as per order at Annexure-3 dtd. 17.11.2004 of respondent No.2 in O.A. No.594 (C)/2014 i.e. Conservator of Forests, Bhubaneswar were attached to his office. Annexure-3 this was for a period of one year and their seniority as Forest Guards will continue to be maintained in the parent division. Hence, this can be treated as a deployment/deputation order. Though they were posted only for one year they continued till 2013.The respondents in their counter have submitted that after one year the applicants themselves were required to have prayed for their reversion to their parent unit i.e. Khorda division but instead of doing so continued at the office of the Regional Chief Conservator of Forests to stay at Bhubaneswar. This argument does not have any statutory or legal basis. It is not for respondents who were only Forest guards to order their transfer or reversion. The facts remain that it is the concerned authority who did not have orders for their reversion. 10. This argument does not have any statutory or legal basis. It is not for respondents who were only Forest guards to order their transfer or reversion. The facts remain that it is the concerned authority who did not have orders for their reversion. 10. in the mean time 2007 circular came into force where it was emphasized that Forest Guards are divisional and district cadres as per Rule 72 of O.F.D. Code and not to be transferred to other divisions excepting on administrative exigencies. It is to be noted here that when 2007 order (supra) come into existence it was emphasized that Forest Guards are divisional cadre (district cadre) and only when they are transferred to another division on their own representation his/her inter-se seniority in the division seniority shall be fixed to junior most Forest Guard as on the date of joining “(3) In case of inter-division transfer of a Forest Guard on own request, his/her inter-se seniority in the division transferred to shall be fixed as the junior most Forest Guard as on the date of joining. It is, however, stipulated that inter division transfer shall be considered on mutual basis. Singular cases may be considered only in extremely hard cases. “The applicant’s continuance in the office of the Regional Chief Conservator of Forests, Bhubaneswar till 2013 was not considered on account of a transfer but thereafter an order by respondent No.2 as at Annexure-C was passed indicating that the applicant has filed a representation on 22.08.2013 for her transfer to Khorda to the office of the Regional Chief Conservator of Forests, Bhubaneswar and has given an undertaking on 22.08.2013 that in the event of such transfer she shall accept her seniority as junior most Forest Guard in the regional office on the date of her joining. This undertaking has been depended upon by respondent No.3 to fix her seniority at the bottom of the seniority list on the basis of the order of PCCF as at Annexure-C dt. 22.08.2013 is not clear. The applicant was very much working in his office and drawing her pay on the date of the order of more than 8 years when this “ transfer” was ordered. Further the circular dt. 23.11.2007 at Annexure-D to the counter was in force at that time. 22.08.2013 is not clear. The applicant was very much working in his office and drawing her pay on the date of the order of more than 8 years when this “ transfer” was ordered. Further the circular dt. 23.11.2007 at Annexure-D to the counter was in force at that time. Para-5 of the said circular states “The posts of Forest Guard available in circle office or head office shall be filled up by way of deployment from divisional cadre on fixed tenure basis and the Forest Guard so deployed shall continue to hold their lien in the parent division they are deployed from”. This circular as per para-6 was to be effective from the date of issue i.e. 23. November, 2007. Order dt. 6th September 2013 is not a transfer from one division to another nor a mutual transfer, hence such an order is without any basis is against circular dt. 23.11.2007 and cannot have binding implication with regard to seniority of the applicant in another division. 11. In view of the above discussions respondent No.2’s order at Annexure-C dt. 6th. September, 2013 is liable to be quashed and is accordingly quashed. As per 2007 and 2014 circulars, Forest Guard is a divisional cadre and whenever there is a post in any higher formation Forest Guards from division cadre shall be deployed against such posts maintaining their seniority in the division cadre is to which they belong. 12. In view of quashing of Annexure-C it shall not have any implication with regard to seniority of the applicants while preparing gradation list of Forest Guards, when the applicants have been transferred to City Forest Division. Respondent No.3 is therefore directed to modify gradation list of Forest Guards relating to the applicants, dt. 01.01.2015 at Annexure-12 in the City Forest Division treating their date of joining for seniority in the division from the date they were appointed in Puri forest division, Khorda. Entire exercise be completed within two months from the date of receipt a copy of this order. With these orders both the O.As. are disposed of. I agree. B.K. Dash,Acting Chairman. O.As. disposed of.