SUDHIR TRIDEVI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This CR 662/97 has been filed for a direction for restoration of seniority of the petitioner as Divisional Manager in Arunachal Pradesh Forest Corporation Ltd. (herein after called 'APFC Ltd') by necessary revision/ amendment of the provisional gradation list issued on 14.5.95 wherein the petitioner has been shown at SI. No. 3 in place of SI. No. 2 showing one of his junior Nababrata Bhattacharjee (respondent No.5) in S1. No. 1, which is claimed to be unwarranted and unjustified supersession of the petitioner in service. CR 667/97 has been filed claiming restoration of seniority of the petitioner as Divisional Manager in APFC Ltd. by necessary revision/amendment of the provisional gradation list dated 14.5.95 wherein the petitioner has been shown at S1. No. 4 in place of S1. No. 3 showing one of his junior Nababrata Bhattacharjee (respondent No. 5) at S1. No. 1 thereby pushing him down by one position is from position No. 3 to position] No. 4 which is claimed to be an unwarranted and unjustified supersession of the petitioner in service. CR 668/97 has been filed for restoration of seniority of the petitioner as Divisional Manager in APFC Ltd by necessary revision/ amendment of the provisional gradation list issued on 14.5.95 wherein the petitioner has been shown in S1. No. 2 in place of S1. No. 1 showing one of his junior Nababrata Bhattacharjee (respondent No. 5) in S1. No. 1 which is an unwarranted and unjustified suppersession of the petitioner in service.

(2.) I have heard Mr B.K. Sharma, learned counsel for all the petitioners, Mr N.M. Lahiri, learned senior counsel for respondent No. 5, Mr U. Bhuyan, learned counsel for respondent 1 &4 and also Mr R.P. Sharma, learned counsel for respondents 2 and 3.

(3.) The brief facts are as follows: The petitioner in CR 662/97 (obtained Ph.D. Degree from North East Hill University (NEHU), Shillong in 1981 and applied for a post of Asstt. Conservator of Forests (ACF) in the Arunachal Pradesh Forest Department/ Assistant Project Manager (APM) in the APFC Ltd. The petitioner and 3 others namely Tarun Kanti Chakraborty, Alok Dev and Nababrata Bhattacharjee who were working in Arunachal Pradesh Forest Department as Forest Ranger were selected for the post of Assistant Project Manager in the APFC Ltd for undergoing training in the State Forest Service (SFS) Training College-cum-Research Station, Burnihat. 4 (four) per sons joined the College for training and they are as follows: 1. Dr.SudhirTrivedi ..... on 2.11.83 2. Sri Tarun Kanti Chakraborty.... 7.11.83 3. Sri Alok Dev ....7.11.83 4.. Sri Nababrata Bhattacharjee .... 18.11.83 It was provided in Annexiure-I, the letter by which they were sent up tfor training as follows: