SHRI SAMDUP TSH. BHUTI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Assailing the correctness of the seniority list published vide, Notification No. 114/G/DOP dated 01st September 2016 (Annexure P-12) (hereinafter referred to as "the impugned notification"), where under the petitioners were placed below the 4th respondent to 22nd respondent, the petitioners have come up with this petition.

(2.) The petitioners seek quashing of the said impugned notification, a direction to place the petitioners above the private respondents, considering their officiation on the post of Assistant Conservator of Forest (hereinafter referred to as "ACF") and also to consider their promotion to the post of Divisional Forest Officer (hereinafter referred to as "DFO") in officiating capacity on permanent basis.

(3.) The chronological events leading to filing of the instant petition are that the petitioners, initially appointed as Block Officers, were promoted to the post of Range Officers on 19th August 2000 (Annexure P-2). Thereafter, the petitioners were promoted as ACF in an officiating capacity vide, Office Orders No. 2633/G/DOP dated 12th February 2010 and No. 466/G/DOP dated 05th August 2010 (Annexure R-16 and Annexure R-17 respectively). Subsequently, the petitioners were promoted on permanent basis on the post of ACF vide Office Order No. 3691/G/DOP dated 19th March 2013 (Annexure R-21). It appears that the official respondents have issued a provisional seniority list vide Memo No. 9021/G/DOP dated 10th July 2014 (Annexure P-14), placing the petitioners down below the direct appointee/private respondents, which prompted the petitioners to make a representation on 04th August 2014 (Annexure P-10) and also to send a legal notice on 04th April 2016 (Annexure P-11) seeking grant of seniority with effect from the date of officiation and their placement above the direct recruits, who completed their probation on 21st May 2013. The instant petition is filed on 12th September 2016, resubmitted on 13th September 2016, after a period of two years from the date of issuance of provisional seniority list on 10th July 2014.