STATE OF JHARKHAND Vs. PRADEEP KUMAR

JUDGEMENT

(1.) Heard Mr. Ashok Kumar, learned AAG-IV for the petitioners and Mr. Bhanu Kumar, assisted by Ms. Bharti, learned counsel appearing for the respondent no. 1.

(2.) In this writ application, the petitioner has prayed for quashing of the order dtd. 10/8/2018 passed in OA/051/00130/17 by the learned Central Administrative Tribunal, Patna Bench, Circuit sitting at Ranchi, whereby and whereunder the challenge mounted by the respondent no. 1 herein to Memo No. 2928 dtd. 17/7/2017 issued by the Principal Secretary, Department of Forest, Environment and Climate Change, Jharkhand that he has not been found fit for appointment to the post of Principal Chief Conservator of Forest (HoFF) has been allowed and the said order has been quashed and set aside with a direction to the authorities to fix the pension of the respondent no. 1 in the pay scale of Principal Chief Conservator of Forest (HoFF) i.e. Rs.80,000.00 pre-revised with all consequential retiral benefits but without any interest.

(3.) The respondent no. 1 was appointed as a member of the Indian Forest Service (IFS) of 1982 batch on the basis of examination conducted by the Union Public Service Commission in July, 1981 and on the recommendation made thereafter. After joining the IFS Cadre, the respondent no. 1 was posted at various places in varied capacities and according to the respondent no. 1 he has had a remarkable career glittered with several notable achievements. The respondent no. 1 was awarded a minor punishment of Censure vide notification as contained in Memo No. 1677 dtd. 6/5/2011 issued by the Deputy Secretary, Department of Forest and Environment, Government of Jharkhand and it was mentioned in the said notification that the effect of the minor punishment would be from the year 1994. The subject matter of the departmental proceeding which led to the punishment of Censure related to the year 1992-1993 and the said proceeding was initiated in the year 2003 and culminated in 2011. After the punishment of Censure had lost its force the respondent no. 1 was given successive promotions to the post of Conservator of Forest, Chief Conservator of Forest, Additional Principal Chief Conservator of Forest and Principal Chief Conservator of Forest. The respondent no. 1 whose name figured at Serial No. 24 of the Civil List 2008 of Indian Forest Service was senior to Sri A.K. Prabhakar and Sri R.R. Hembrom but at the time of selection to the post of Principal Chief Conservator of Forest (HoFF) Sri R.R. Hembrom who was not even in the zone of consideration leapfrogged the respondent no. 1 and was selected to the said post vide notification dtd. 1/9/2016. The selection of Sri R.R. Hembrom as Principal Chief Conservator of Forest (HoFF) was challenged by the respondent no. 1 before the learned Central Administrative Tribunal in OA/051/00132/2016 and vide order dtd. 24/5/2017 the notification No. 4106 dtd. 1/9/2016, by which, Sri R.R. Hembrom was selected as Principal Chief Conservator of Forest (HoFF) was quashed and set aside and liberty was given to the State of Jharkhand to convene a Selection Committee meeting for selection to the post of Principal Chief Conservator of Forest (HoFF) and since the respondent no. 1 had superannuated in the meantime, the authorities were directed to grant him notional promotion and pension fixation in the Apex Pay Scale, if found suitable as on 29/8/2016. The respondent no. 1 had submitted his representation before the authority concerned in compliance of the order dtd. 24/5/2017 passed in OA/051/00132/2016 for considering his case for selection as Principal Chief Conservator of Forest (HoFF) but vide order as contained in Memo No. 2928 dtd. 17/7/2017 issued by the Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand the case of the respondent no. 1 was rejected as he was not found suitable for selection for the post of Principal Chief Conservator of Forest (HoFF). This led to another round of litigation initiated by the respondent no. 1 before the Central Administrative Tribunal in OA/051/00130/17 and the impugned order as contained in Memo No. 2928 dtd. 17/7/2017 was quashed and set aside vide order dtd. 10/8/2018 with a direction to the concerned authorities to fix the pension of the respondent no. 1 in the pay scale of Principal Chief Conservator of Forest (HoFF) with all consequential retiral benefits. This order has been assailed before us by the State of Jharkhand.