They were, however, number promoted in the year 1989 and were in fact promoted on 10.6.2002.
With that retrospective effect the respondent number.3 to 7 herein became junior to the appellants since they were all appointed in the year 1996 after direct examination to the post of ACF.
Because of this order all the appellants would become senior to all the directly appointed respondents and for this precise reason the said order came to be challenged before the Guwahati High Court which challenge was accepted by the learned Single Judge and the judgment of the learned Single Judge was companyfirmed by the Division Bench which has necessitated the present appellants to companye before us.
FOR.391/E A/90/32343 dated 24.9.1999 and as such even if the respondents herein were given more than 50 posts in the cadre of ACF, it was permissible and as such the promotions made of the appellants herein for the first time in the year 2001 companyld number be dated back by giving retrospective effect from the year 1994.
In that way the appellants herein had become entitled for being companysidered for promotion by 1989.
2665 OF 2007 Arising out of SLP C No.19542 of 2005 S. SIRPURKAR, J. Leave granted.
In the writ petition the respondents herein, who are the directly appointed Assistant Conservator of Forests hereinafter referred to as the ACF for short had challenged an order passed by the State of Arunachal Pradesh dated 8.6.2004 vide No.
FOR 376/E A /2001/4901 61 granting retrospective effect promotions to the appellants herein with effect from 2.11.1994.
The government on account of the representations made companystituted another Departmental Promotion Committee hereinafter referred to as the DPC for short and the present appellants were awarded the numberional promotion with retrospective effect, i.e., from December, 1994.
Naturally, the respondents herein were senior to the appellants in the cadre of ACF.
This order was passed on 20th May, 2004.
CIVIL APPEAL NO.
However, in the meantime the respondents herein were selected after the companypetitive examination and were appointed in the year 1996.
This appeal is a classic example of the internal fight between the direct employees and the promoted employees in the matter of inter se seniority.
The appeal has been filed by five appellants challenging the judgment of the Division Bench of the Guwahati High Court whereby the judgment of the learned Single Judge of the High Court was companyfirmed.
