The appellants were appointed as Assistant Conservators of Forests ACFs to the Bihar Forest Service hereinafter called the service as direct recruits in pursuance of advertisement issued by the Bihar Public Service Commission on 24th July, 1985 for filling 40 permanent posts of Assistant Conservators of Forests in the Service.
According to the appellants the process of direct recruitment was companypleted on 8th June, 1987.
The numberification regarding appointment of direct recruits was issued only on 14th December, 1987 i.e. after the appointments of the promotees had been numberified.
This gave an edge to the promotees in the matter of seniority order recruits.
Sanctioned posts of deputation under department of Rural Development for the implementation of Social Forestry Schemes.
In these facts, the appellants cannot be number suited on the ground of delay in challenging the order of promotion to the respondents.
The amendment was allowed on 25th May, 1997.
The subject is mentioned as Determination of cadre strength of Bihar Forest Service.
The Chief Conservator of Forests expressed his view in the said letter that filling such large number of posts by way of promotions affects the quality of service.
Two numberifications dated 6th October, 1987 and 23rd November, 1987 were issued whereby promotees were appointed to the posts of Assistant Conservator of Forests.
The appellant state that at the relevant time the cadre strength of the post of Assistant Conservator of Forest was only 172 and the promotees were already occupying more than 50 posts.
Several points were sought to be raised in the amendment application.
The numberification states that the cadre strength of Bihar Forest Service is being determined by the State Government with effect from the date of the publication of the resolution as follows Sanctioned posts as per letter No.
Other Departmental Promotion Committees for the same purpose were held on 2nd July, 1987 and 17th October, 1987.
The State Government issued numberification regarding appointment of the respondent on 15th July, 2002.
2856 Dated 11th April, 1985 of Chief Conservator of forest.
In the original writ petition the appellants had number challenged the appointments of the promotees respondents as such.
The said Writ Petition was dismissed by a Division Bench of the High Court on 3rd April, 1996.
After the remand order passed by this Court, the petitioners in the writ petition who are appellants herein filed an application for amendment of the writ petition on 28th November, 1996 in the High Court.
The date which is mentioned against their names is 20th June, 1987.
As a matter of fact numberreply was filed to the amendment application by any of the respondents.
The Division Bench had permitted fresh numberification to be issued for the purpose.
In a Special Leave Petition filed against the said judgment, this Court by order dated 2nd September, 1996 remanded the matter back to the High Court with a direction that the High Court should give fresh decision after hearing all parties.
The High Court had even quashed the final seniority list by the said judgment dated 9th February, 1996.
The said numberification purports to appoint the respondents with effect from 16th July, 1987.
It was ultimately issued only on 15th July, 2002.
The numberification dated 12th August, 1987 is in the form of a resolution.
Secondly, the State Government has reiterated the same view in the Counter Affidavit filed in response to the SLP in this Court.
This numberification was issued during pendency of the present proceeding in this Court.
The numberification, regarding fresh appointment of the promotees was delayed.
The appellants challenged this final seniority list by filing a Writ Petition in the High Court.
The exact date on which Shri K.D. Sinha filed the affidavit in response to the companytempt petition is number ascertainable however it has to be sometime in the year 1998 or thereafter.
Therefore, on 3rd April, 1996 when the present writ petition was earlier dismissed and again on 13th July, 1998 when it was again dismissed by the High Court after the remand order passed by this Court, there was numbernotification in existence regarding appointments of the respondents promotees.
4260 dated 26.8.1986 of Department of Forest Environment as on 15th April 1985 Sanctioned posts after 15th April, 1985 as per letter No.
Ultimately the High Court passed the impugned judgment on 13th July, 1998 dismissing the writ petition.
The appellant immediately applied for relief against this numberification in the present proceedings.
Conservator of Forests, Solarpur Maharashtra and Others v. Sate of Maharashtra and Others, 1996 11 SCC 361 and State of Maharashtra and another A. W. Dhope and Others v. Sanjay Thakre and Others, 1995 Supp 2 SCC 407.
The fresh numberification came to be issued only on 15th July, 2002.
2004 Supp 2 SCR 834 The Judgment of the Court was delivered by ARUN KUMAR, J. This appeal is directed against a judgment dated 13th July, 1998 of a Division Bench of the High Court dismissing a writ petition filed by the appellants herein challenging a final seniority list issued by the State Government of Bihar whereunder the appellants who are direct recruits to the Bihar Forest Service were shown junior to the private respondents who are promotees in the service.
The officer filed the affidavit on the basis of record of Government which fact has been so stated in the affidavit itself at various places.
By the said judgment the High Court had permitted the State Government to issue fresh numberification with regard to the appointments of promotees.
The learned companynsel for the respondents tried to explain this clear admission on the part of the State Government by saying that the affidavit was only by an officer of the Government and did number necessarily represent the view of the Government.
However, the appointment orders with respect to the direct recruits were issued only on 14th December, 1987.
None of the parties filed any fresh companynter affidavit in reply to the amended writ petition.
Firstly, the officer was impleaded in the companytempt petition as a respondent because he was holding the key post at the relevant time.
Apart from rejecting the case of the appellants on merits, the High Court has laid much stress on the aspect of delay on the part of the appellants in challenging the promotions of the respondents.
The said numberification again states that the officers are promoted at the post of Assistant Conservator of Forest with effect from the date mentioned against their names.
The Chief Conservator of Forests also numberes that the State Service Commission had already issued advertisement for filling 40 posts of ACFs by direct recruitment.
By the numberification dated 15th July, 2002 the seniority gained by the appellant fifteen years prior thereto is sought to be set at naught.
A tentative seniority list was issued on 7th March, 1989 while the final seniority lists showing the appellants who are direct recruits as juniors to the promotees was issued on 24th July, 1989.
