NAND GOPAL CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners, who are Assistant Conservator of Forest, have preferred this writ petition against the order contained in Notification No. 1321, Ranchi, dated 23rd February, 2005 (Annexure -5 to the writ petition), whereby and where under, they have been posted as attached officers (Assistant Conservator of Forest).

(2.) ACCORDING to petitioners the impugned order of posting has been issued by the Respondents with mala fide motive to ensure that the petitioners are not given the charge of the higher post of Divisional Forest Officers (hereinafter referred to as the D.F.O.) and to give benefit to others whose names are appearing in another notification No. 1320 dated 23rd February, 2005, who have been posted as D.F.Os. and have been given dual charge.

(3.) ADMITTEDLY , the post of D.F.O. is a higher post in the 'Indian Forest Service', whereas the substantive post of petitioners is Assistant Conservator of Forest, a post in the 'State Forest Service'. Certain percentages of the posts of D.F.O. of 'Indian Forest Service' are filled up by direct recruitment and rests by promotion from amongst the members of 'State Forest Service'.