SHYAMA CHARAN TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioner has submitted that the petitioner was at Serial No. 14 in the seniority list, prepared and published by the respondents, for the post of "Forester".

(2.) LEARNED counsel for the petitioner has further submitted that this seniority list for the post of Forester, was finalized on the basis of circular issued by the respondents dtd. 20th of December, 2002. Neither the seniority list nor the basis of the seniority list i.e. a circular dtd. 20th of December, 2002, has been quashed by any Court of law, but, even then order and a unilateral, arbitrary decision has been taken and that too, without giving any opportunity of being heard to the petitioner whereby seniority of the petitioner in the seniority -list for the post of Forester has been reshuffled and now, the petitioner has been given Seniority No. 211, instead of Seniority No. 14. This unilateral action taken on the part of the respondents by the order dtd. 11th December, 2007, passed by Conservator of Forest (Annexure -18 to the memo of petition) is under challenge.

(3.) IT is also submitted by learned counsel for the petitioner that in W.P.(S) bearing No. 224 of 2004, which was decided on 13th of July, 2006 (Annexure -6 to the memo of petition », by this Court never this Court has quashed the seniority for the post of Forester nor the Circular, dated 20th December. 2007, has been quashed. On the contrary, the petitioner has been given seniority at Serial No. 14 on the post of Forester after the aforesaid decision i.e. on 11th of January, 2007 vide Office Order No.1. Thus, for no valid reason the seniority of the petitioner for the post of Forester has been reshuffled and the petitioner has been reduced from the Seniority No. 14 to Seniority No. 211 and that too, without giving any opportunity of being heard to the petitioner and, therefore, the order passed by the Conservator of Forest, dated 11th of December, 2007, at Annexure -18 and also such other letters which are referred in the said annexure of the different authorities deserves to be quashed and set aside, in so far as, they affect the seniority of the present petitioner and the petitioner should be given a seniority at Serial No. 14 on the post of Forester.