BALIRAM OJHA Vs. STATE OF BIHAR THROUGH THE SECRETORY-CUM-COMMISSIONER, FOREST AND ENVIRONMENT DEPARTMENT GOVERNMENT OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner and Mr. R R. Mishra, G.P. II for the respondents.

(2.) MR . V. Shivnath, learned counsel for the Petitioner has frankly submitted that he is praying for quashing of Annexures 13, 15 and 18 appended to the Writ Application. By Annexure -13, the Principal Chief Conservator of Forests reverted the Petitioner from the post of Forester to his original post, i.e. to the post of Forest Guard by his office order No 256 dated 03.12.1996 on the ground that he did not possess the necessary qualification that were necessary for such promotion. By Annexure -15, the Principal Chief Conservator of Forests did not decide the matter in relation to seniority/promotion and instead, directed that the matter should await the decision of the State Government. By Annexure -18, the New Principal Chief Conservator of Forests, made non effective the order passed by his predecessor in office i.e. Annexure -16 (Memo No. 1911 dated 30.04.1997).

(3.) THEREAFTER , the Petitioner was promoted/appointed as a Forester with effect from 11.02.1982 by reason of Annexure -2 which is a letter issued on behalf of the Principal Chief Conservator of Forests, Bihar directing all Forest Conservators that the promotions to the post of Foresters should be given to all Forest Guards who had secured first position in the aforementioned examinations and against whom no departmental proceedings were pending. It would be relevant to mention that in the aforementioned letter dated 11.02.1982 it has not been mentioned that first position with honours would also be a requisite criteria for purposes of such promotions.