YOGENDRA PRASAD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is filed by one Yogendra Prasad Mandal who was appointed as a Forester in the Bihar State Forest Development Corporation in 1977. At the material time the appellant was posted at the Palamau Project of the Bihar State Forest Development Corporation. Up to about November, 1981 the forest work was done by the Bihar State Forest Development Corporation on the basis of a lease granted to them by the State Government. In November, 1981 the Bihar State Forest Development Corporation, which is an autonomous body decided to close down its project at Singhbhum and departmental wing at Palamau. As a result of this decision the entire staff working at Singhbhum and a substantial staff working at Palamau became surplus.

(2.) In order to absorb the staff so rendered surplus with the Bihar State Forest Development Corporation, meeting were held with the State Government Officers including the Chief Conservator of Forests. The minutes of the meeting date 11-11-81 record the discussions held regarding absorption of surplus staff as a result of the closure of the Singhbhum Project and the departmental wing of the Palamau Project of the Bihar State Forest Development Corporation. In the minutes the detailed particulars of the staff rendered surplus, inter alia, under the Palamau Project are set out. It is recorded that the Bihar State Forest Development Corporation in connection with the Palamau Project will maintain only one division. The surplus staff as set out in detail in the minutes will be absorbed by the State Trading Wing of the Forest Department and will be accordingly transferred to the State Trading Wing of the Forest Department.

(3.) Accordingly, the appellant along with other employees who were so rendered surplus were relieved from the Palamau Project and were appointed in the State Trading Wing of the Forest Department of the State of Bihar. The respondents have annexed a large number of appointment letters all dated 2nd of March, 1982, addressed to all the other employees of the Palamau Project which were so absorbed and transferred in the Forest Department of the State of Bihar. All these letters are letters of appointment issued to all the employees absorbed in the State Trading Wing of the Forest Department of the State of Bihar. Only in the case of the appellant such a letter is not forthcoming. But we have no reason to believe that he was treated differently from the other employees who were so absorbed.