NIRANJAN PRASAD DEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred to challenge the order dated 14th July,2006 passed by the learned Single Judge in W.P.(C) No. 6629 of 2005( Arvind Kumar and Ors. v. State of Jharkhand and Ors.), by which the writ petition of the Petitioner to challenge the order of promotion/appointment of some of the Respondents issued vide Notification No. 5775 dated 14th December, 1987 as also the orders of appointment of other Respondents, which were issued vide Notification Nos. 1671 dated 13th April, 1988 and 5001 dated 10th August, 1989, has been dismissed after observing that the Petitioners are challenging the promotion and/or appointment of the Respondents and others issued 16 to 21 years back, and so far as issue of seniority is concerned, the matter having been settled by the Hon'ble Supreme Court, rendered in the case of Sanjay K. Sinha -II v. State of Bihar, reported in (2004) 10 SCC 734, no further order is required to be given. The learned Single Judge also observed that the State Government is supposed to act in terms with the aforesaid decision of the Supreme Court rendered in the case of Sanjay K. Sinha -II (supra) and if provisional gradation list dated 30th November, 2004 has been issued in violation of the the Supreme Court's order and that has been brought to the notice of the authorities by the Petitioners, the State Government is required to decide such objection expeditiously. The learned Single Judge further observed that it is expected that the State Government will finalize the seniority list preferably within four months from the date of receipt/ production of a copy of the order passed by the High Court.

(2.) AGGRIEVED with the above order dated 14th July, 2006, the Appellants have preferred this Letters Patent Appeal.

(3.) IT will be appropriate to recapitulate the facts of the case. The writ Petitioners have challenged the appointment of the Respondent Nos. 9 and 10, who were appointed on the posts of Assistant Conservator of Forests, by competing in competitive examination in the year, 1985 and were appointed vide notification No. 5775 dated 14th December, 1987, which appointment, according to the Petitioners, were given beyond the advertised seventeen vacancies for general candidates and for quashing the appointment of ten candidates, namely, Respondent Nos. 11 to 13 and Respondent Nos. 14 to 20, whose appointment were made in two phases vide notification No. 1671 dated 13th April, 1988 and vide notification No. 5001 dated 10th August, 1989, which, according to the Petitioners, was made without any advertisement and was only to fill up the vacant seats, allotted to the State of Bihar in the Training College, run by Government of India. Then the Petitioners have prayed for quashing the retrospective seniority, given to 1987 batch promotee Assistant Conservators of Forests (Respondent Nos. 21 to 41), who, according to the Petitioners, were already held to be appointed irregularly against non -existing substantive vacancies, as held by the Hon'ble Court in the case of Sanjay K. Sinha -II (supra). Then, the Petitioners further prayed for quashing the promotion and consequential seniority of Respondent No. 42, who was promoted to the post of Assistant Conservator of Forests on 31st December, 1985 by the Government of Bihar, in violation of letter dated 23rd September, 1985 of the Chief Conservator of Forests, Bihar, whereby, it was already disclosed that quota for the said promotion has already been occupied by the preoccupied by the source of recruited persons. The Petitioners are aggrieved against the placement of Respondent No. 42 Mr. R.L. Panna at first place in the seniority list by the Forest and Environment Department, Government of Jharkhand, vide resolution No. 2920 dated 26th July, 2004, over and above 25 direct recruits of 1985 examination. Then the Petitioners further prayed for quashing of retrospective promotion and consequential seniority, given to the promotee Assistant Conservators of Forests (Respondent Nos. 43 to 48) w.e.f. 30th March, 1990, which retrospective promotion was given in spite of the fact that Petitioners' names were recommended by the Bihar Public Service Commission, much earlier vide letter No. 363 dated 3rd November, 1989. Then the Petitioners prayed for quashing the induction of Respondent Nos. 49 and 50 into Bihar Forest Services Cadre, as Assistant Conservators of Forests, despite they having acquired Honours Degree in Forest Training prior to 26th December, 1989, which, according to the Petitioners, is in violation of Rule 3(aa), added into the the Bihar Forest Services Rules, 1953. Then the Petitioners further prayed for prohibiting the Forest and Environment Department, Government of Jharkhand, from acting upon resolution No. 2920 dated 26th July, 2004 of Government of Jharkhand and tentative gradation list, by sending the names of the officer of State Forest Services Cadre for induction into Indian Forest Services Cadre or any promotional benefits to the Respondents, without publishing final gradation list, in view of the various objections to the tentative gradation list dated 30th November, 2004 and lastly prayed for a direction to the Respondent -State of Jharkhand to publish the final gradation list, at the earliest, keeping in view the objection to the tentative gradation list dated 30th November, 2004 in the light of the judgment of the Hon'ble Supreme Court, delivered in the case of Sanjay K. Sinha -II (supra).