STATE OF ARUNACHAL PRADESH Vs. KRISHNA CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) At the outset the learned counsel for the appellant- State has stated that in this appeal, the State is not challenging the order passed by the learned Single Judge regarding reconstitution of the Service Book of Shri Krishna Chandra Bhattacharjee, the writ petitioner, respondent herein and grant of leave salary for 22 months. The challenge, however, in this appeal is in regard to the directions given by the learned Single Judge for giving retrospective promotion to the writ petitioner-respondent (herein referred to as writ petitioner) on the post of Forest Ranger with effect from 1.4.1990 i.e. the date on which his juniors have been promoted.

(2.) Facts of the case in brief are - that the petitioner was appointed in the service of the State Govt in the Forest Department as Field Assistant by order dated 20.7.1965 under the Bandardua Forest Division. Later on, the petitioner was promoted to the post of Deputy Forest Ranger. In the year 1987 it revealed that the Service Book of he writ petitioner was missing. On 29.9.1988 a seniority list of Deputy Rangers was published wherein the name of the writ petitioner appeared at serial No. 24 whereas the names of the private respondent Nos 6 to 19 in the writ petition appeared below the name of the writ petitioner. On 2.2.1990 the Departmental Promotion Committee was constituted to consider cases of officers who comes within the zone of consideration for promotion to the post of Forest Ranger. It is the case of the writ petitioner that because of non-availability of the service record his case was not placed before the DPC for consideration and the promotions were given to the private respondent Nos 6 to 19 on 1.4.1990 although the writ petitioner was senior to those private respondents on the feeder post of Deputy Forest Ranger. On 22.2.1995 the DPC again met for consideration of the cases of officers for promotion to the post of Forest Ranger. In this DPC the writ petitioner's case was considered and he was promoted to the post of Forest Ranger on 28.6.1995.

(3.) On 17.12.1996 a gradation list of the Forest Rangers was published wherein the writ petitioner's name appears at Serial No. 162 below the names of the private respondent Nos 6 to 19. This impelled the writ petitioner to challenge the gradation list dated 17.12.1996 by filing the writ petition in the Court. The learned Single Judge apart from giving relief as claimed by the petitioner gave directions as mentioned herein above for giving him promotion from the date his juniors have been promoted on 1.4.1990.