The companynter affidavit further indicates that respondent No.
In the said companynter affidavit, the dates of appointment as rangers of respondents 11, 7, 8, 9, 10, 12 and the appellant respectively are stated as 3rd April 1958, 4th April 1958, 5th April 1958, 9th April 1958, 7th April 1959, 1st April 1966 and 2nd April 1967.
Necessary facts in brief are these The appellant and respondents 7 to 13 are Assistant Conservators of Forest in Bihar Forest Service.
Respondent No.
From the Judgment and Order dated 20.4.1988 of the Bihar High Court in C.W.J.C. No.
12 was companyfirmed on 5th August 1983 whereas the appellant was companyfirmed on 31st December 1986.
13 was companyfirmed as Assistant Conservator of Forest on 30th June 1983.
Their serv ice companyditions are governed by the Bihar Forest Service Rules, 1953 hereinafter referred to as the Rules made by the Government of Bihar in exercise of the powers companyferred on it by the proviso to Article 309 of the Constitution of India.
10 on 15th December 1978.
Even though a rejoinder has been filed by the appellant, the companyrectness of the aforesaid facts has number been denied therein number has it been urged by the learned companynsel for the appellant before us that these facts are inaccurate.
Respondents 7 to 11 were companyfirmed on 30th August 1983 and respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant and respondents 7 to 12 were selected rangers and were appointed as Assistant Conservator of Forest by promotion under Rule 3 b .
This appeal has been preferred against the judgment dated 20th April 1988 of the Patna High Court dismissing a writ petition filed by the appellant challenging a seniority list.
11 was promoted as Assistant Conservator of Forest on 21st December 1976, respondent Nos.
The Judgment of the Court was delivered by OJHA, J. Special leave granted.
As is apparent from the companynter affidavit on behalf of respondents 8 to 10, respond ent No.
In so far as the appellant is companycerned, even though, he was appointed subsequently, his appointment was made effective retrospective from 29th November 1977.
Anil Dev Singh, A.K. Sen, D. Goburdhan, T.C. Sharma, Mrs. Sushma Suri and D .P. Mukherjee for the Respondents.
13, on the other hand, as is apparent from the seniority list which was challenged by the appellant, was appointed under Rule 3 a of the Rule by direct recruitment on 3rd May 1978.
R.L. Iyengar, Govind Mukhoty, K.K. Gupta and Hari Narain Ojha for the Appellant.
3982 of 1989.
7, 8, 9 12 on 29th November 1977 and respondent No.
1749 of 1988.
