SANJAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners herein are the members of Bihar Forest Service (hereinafter referred to as 'Service'), who were appointed by the method of direct recruitment to the posts of Assistant Conservator of Forests(on probation) by notification dated 14.12.1987 (Annexure -4). The post of Assistant Conservator of Forests is the initial post in Service, being the point of entry which is filled up by direct recruitment as well as by promotion of Range Officer of Forests in accordance with the rules. The instant writ petition was filed by them on 14.9.1989 challenging the validity of the final gradation list of Assistant Conservator of Forests issued on 24th July, 1989(Annexure 6). They have prayed for quashing of the said final gradation list on the ground that they have been illegally shown as junior to respondent nos. 4 to 46, who have been promoted to the post of Assistant Conservator of Forests from the post of Range Officer of Forests by two notifications dated 6.10.1987 and 23.11.1987 with effect from 20.6.87 and 17.10.1987 respectively. Those two notifications are annexed to the writ petition as Annexures 2 and 3 respectively, and it is not in dispute that promotions granted to the promotees are effective from the dates on which the Departmental Promotion Committee made recommendations in their favour. The petitioners have further prayed that the respondents be directed to grant to the petitioners their due place in the gradation list in accordance with law. It would thus appear that in the writ petition filed by the petitioners, the only relief sought for was in relation to their seniority over respondent nos. 4 to 46 and the legality of the appointments of respondent nos. 4 to 46 was not in issue.

(2.) IN the writ petition it was averred that the respondent -State of Bihar through the Public Service Commission advertised 40 permanent posts of Assistant Conservator of Forests on 24.7.1985 for being filled up by direct recruitment. The advertisement stated that the selection of the candidates was to be for the training session 1986 -88. The petitioners took the written test and faced the interview board and ultimately a final result was published on 19.4.1987. Though the formality of medical examination of the selected candidates was complete and vigilance reports in relation to them were available to the State of Bihar by the end of May 1987, the petitioners were not appointed soon thereafter. The State of Bihar with a view to help the promotees proceeded in hot haste to consider their cases for promotion rather than issuing letters of appointment to the petitioners. Obviously, the action of the State was malafide, inasmuch the State under the influence of the promotees intended to confer undue benefit on them. With this in view, a Departmental Promotion Committee was called on 20th June, 1987 for considering the cases of Range Officer of Forest for promotion to the posts of Assistant Conservator of Forests. The first Departmental Promotion Committee recommended the names of respondents 4, 6 to 20, 35 to 37, 39 to 41 and 45 for promotion to the post of Assistant Conservator of Forests. The report of the Departmental Promotion Committee was sent to the Bihar Public Service Commission which by its recommendation dated 2nd July, 1987 recommended that the aforesaid respondents be promoted to the posts of Assistant Conservator Forests. Consequently, by notification dated 6.10.1987 (Annexure -2) the aforesaid respondents were granted promotion to the posts of Assistant Conservator of Forest with effect from 20th June, 1987, the date on which the Departmental Promotion Committee recommended their cases to the Bihar Public Service Commission.

(3.) THEREAFTER by notification dated 14.10.1987 the petitioners were also appointed by the process of direct recruitment to the posts of Assistant Conservator of Forests. On 1st March 1988, they were deputed for training at the State Forest Service College, Coimbatore, and after a year 's training at Coimbatore they were deputed for further training at the State Forest Service College, Dehradun on March 1, 1989.