Indu Malhotra, J. - (1.) Leave granted. The present Civil Appeals arise out of Special Leave Petition (Civil) Nos. 11320-11322 of 2015 wherein the impugned Judgment and Order dated 10.11.2014 passed by the Patna High Court in Letters Patent Appeal Nos. 491 of 2013, 257 of 2013 and 509 of 2013 has been challenged.
(2.) The factual matrix in the present Civil Appeals is as under: 2.1. The Respondent No. 1 - State of Bihar published an advertisement on 24.07.1985 inviting applications for filling up 40 posts of Assistant Conservator of Forests ("ACF") through direct recruitment under the Bihar Forest Service Rules, 1953. On the basis of the examination conducted in December 1985 and viva voce, the Bihar Public Service Commission ("the Commission") prepared a list of successful candidates. On the recommendations of the Commission, the posts of ACFs advertised were filled up by the State vide Notification dated 14.12.1987. On filling up of the advertised posts, the Merit List got exhausted. The Appellants, in the present case, had participated in the selection, but were unsuccessful in getting appointed. 2.2. The Appellants and some other candidates who were unsuccessful in obtaining appointment as ACFs in the 1985 selection, made representations before the Chief Minister on 12.06.1987, the Minister of Forests and Environment on 21.08.1987, and the Secretary, Department of Forests and Environment on 06.11.1987 for appointment against vacant posts beyond the 40 advertised posts. 2.3. On 21.10.1987, the State took a decision to fill the existing vacant posts of ACFs from the list of successful candidates who had qualified in the Competitive Examination conducted in 1985 and 1986 respectively, but did not get appointed. 2.4. On 15.02.1988, the State Government sought the names of 13 successful candidates from the Commission, as per the Merit List prepared pursuant to the selection against the 1985 advertisement. The Commission vide letter dated 20.02.1988 recommended the names of 12 candidates, which included the names of the Appellants, for appointment as ACFs. The State issued a Notification dated 13.04.1988 appointing 11 candidates, including the Appellants, from the list forwarded by the Commission as ACFs. 2.5. On 10.08.1989, 8 more candidates were appointed to the posts of ACF which fell vacant on account of non-joining of candidates appointed vide Notifications dated 14.12.1987 and 13.04.1988. The names of these 8 candidates were also shown against the 1985 Advertisement. 2.6. On 12.06.1987, the State Government sent a requisition to initiate the process for appointment of 40 more ACFs through direct recruitment. Pursuant to the requisition made by the State on 12.06.1987, a fresh Advertisement for 40 posts of ACFs through direct recruitment was published by the Commission on 20.12.1987. The Commission conducted written examination in September 1988. The State appointed 35 direct recruits as ACFs on 30.03.1990 against the vacancies notified in the 1987 advertisement. 2.7. The State promoted 30 Range Officers, including Respondent Nos. 21-32[1] , as ACFs w.e.f. 30.03.1990 vide Notifications dated 16/17.08.1990, 18.07.1991 and 02.09.1992, respectively. 2.8. During the period from 20.06.1987 to 17.10.1987, the State further promoted 52 Forest Rangers to the post of ACF. 2.9. The Bihar Forest Service Rules, 1953 were amended to insert Rule 3(aa) on 26.12.1989 with retrospective effect. As per Rule 3(aa), Range Officers of Forests who have passed the Ranger Course after securing Honours shall be deemed to be eligible to be appointed as Assistant Conservators of Forests, and shall be treated as direct recruits. Rule 3(aa) is reproduced hereinbelow: "3. The appointments of the service shall ordinarily be made by -... ...(aa) The Range Officer of Forest, who passes the Ranger Course securing Honours shall be eligible for admission to the 2nd year/2 (two) years of State Forest Service Course in Forestry conducted by Government of India. They shall be treated as direct recruit to the Bihar Forest Service Cadre (as Assistant Conservator of Forests) and the provisions as laid down in the Rule 29, shall be applicable to these selected Range Officers of Forests..." The State Government vide various Notifications dated 09.03.1990, appointed 10 Range Officers who had obtained Honours in the Rangers Course, including Respondent Nos. 8 and 9 as ACFs. 2.10. The State published a final Seniority List on 24.07.1989, wherein the ACFs who were promoted on 06.10.1987 and 23.11.1987, were placed above the Direct Recruits appointed on 14.12.1987. Insofar as the Appellants in these Appeals are concerned, they were accorded seniority w.e.f. the date of their appointment i.e. 13.04.1988. 2.11. The Seniority List came to be challenged by the Direct Recruits appointed on 14.12.1987 by way of CWJC No. 8305 of 1989 before the Patna High Court. CWJC Nos. 8305 of 1989 culminated in the Judgment dated 31.05.2004 passed in Sanjay K. Sinha - II & Ors. v. State of Bihar & Ors., 2004 10 SCC 734 by this Court. It was held that the appointments of the 1987 Promotees were fortuitous since they were made against non-existent posts, and could not confer any benefit of seniority from the purported date of promotion. The final Seniority List dated 24.07.1989 was quashed, and the State was directed to prepare a fresh Seniority List. This Court granted liberty to the State to regularise the appointment of the 1987 Promotees, whilst holding that seniority could not be given to them over the Direct Recruits appointed on 14.12.1987. This Court noted that there were only 133 posts in the Bihar Forest Service, and not 277 as contended by the 1987 Promotees. 2.12. Upon creation of the State of Jharkhand, several officers from the Bihar Forest Service were transferred to the Jharkhand cadre, including some of those who were appointed along with the Appellants on 13.04.1988 and 10.08.1989. 2.13. After bifurcation of the State of Bihar and creation of the State of Jharkhand, the validity of the appointments of the Appellants and other ACFs appointed by the State on 13.04.1988 and 10.08.1989 was discussed at different levels during President's Rule in Bihar, as is apparent from the File Notings placed on record. The Law Department was of the opinion that these appointments were irregular since they were appointed purportedly against the advertisement of 1985, even though the Select List had got exhausted. It was however observed that cancellation of their appointment would result in litigation, since the appointments were made on the basis of the recommendations of the Commission. Furthermore, the appointees had by now served for about 17 years. It was suggested that such appointments may be regularised since they were irregular, but not illegal. The issue of their inter se seniority vis- -vis the 1987 Promotees was also considered, and a decision was sought from the State Government. The proposal for regularisation of the appointments of these ACFs was submitted for approval before the Governor on 03.10.2005. 2.14. A perusal of letter dated 15.07.2006 addressed by the Additional Secretary to the Government to the Secretary, Bihar Legislative Assembly indicates that the proposal was approved, and the "...State Government after Enquiry regularised these appointments and closed this episode.". The Appellants came to be regularised by the State Government w.e.f. 03.10.2005. 2.15. On 09.03.2010, shadow posts were created by the State since the "...working force [was] in excess than created force...since 1987...". The State confirmed the services of the Appellants w.e.f. 03.10.2005, by issuance of Notification dated 04.10.2010. 2.16. On 31.03.2010, a Provisional Seniority List was published, wherein the Appellants were placed below the Direct Recruits and Promotees who were appointed w.e.f. 30.03.1990, Respondent No. 10 - Hemkant Rai, the 1992 Promotees and the 1995 Promotees. 2.17. Objections were raised by the Appellants regarding their placement in the Seniority List. A High-Level Scrutiny Committee was constituted by the State to look into their grievances. The High-Level Scrutiny Committee rejected the objections raised by the Appellants. It was noted that they were regularised only w.e.f. 03.10.2005, and hence were not entitled to being placed above the persons appointed in 1987, 1990, 1992 and 1995. 2.18. The Final Seniority List was published on 02.07.2010. The Appellants were placed at the bottom of the Seniority List at Serial Nos. 321 to 338 i.e. below the 1987 Promotees, Direct Recruits as well as Promotees appointed w.e.f. 30.03.1990, Respondent No. 10 - Hemkant Rai, the 1992 and 1995 Promotees. 2.19. Several Writ Petitions were filed before the Patna High Court by various officers appointed in the Bihar Forest Service cadre to challenge their inter se seniority in the cadre as per the Final Seniority List dated 02.07.2010. 2.20. The Appellants before this Court filed CWJC Nos.10925, 11160 and 11337 of 2010 to challenge their placement below the 1987 Promotees (Serial Nos. 167 and 209), Respondent No. 10 - Hemkant Rai (Serial No. 211) and T.N. Jha (Serial No. 212), 1987 Direct Recruits (Serial Nos. 215 to 249) and Promotees (Serial Nos. 250 to 289), some of whom are Respondents in the present proceedings. 2.21. The Writ Petitions were heard together and disposed of by the common Judgment and Order dated 06.11.2012 passed by the learned Single Judge. The Writ Petitions filed by the Appellants herein (CWJC Nos.10925, 11160 and 11337 of 2010) were dismissed. The learned Single Judge held that: i) The Appellants were rightly placed at the bottom of the Seniority List since their initial appointments on 13.04.1988, were purportedly from the list of candidates prepared for the 1985 advertisement. Since the appointment of the Appellants was beyond the 40 advertised vacancies, it was completely illegal. II) The Appellants persuaded the State to appoint them, which was a rank illegality, which cannot be termed just as a mere irregularity, or minor deviation from the Rules. iii) On a humanitarian basis, the Appellants were deemed to be regularised w.e.f. 03.10.2005 i.e. the date of their confirmation in service. This date has to be taken as the legitimate date of entry into the cadre; upto this date their entry into the cadre was a rank illegality. 2.22. The Appellants preferred Letters Patent Appeal Nos. 257, 491 and 509 of 2013 before a Division Bench against the common Judgment dated 06.11.2012 passed by the learned Single Judge of the Patna High Court. 2.23. The Letters Patent Appeals were dismissed by a common Judgment dated 10.11.2014, wherein it was held that: I) The Appellants cannot claim seniority on the principle of continuous officiation from the date of their appointment i.e. 13.04.1988. The seniority accorded to them from the date of their regularisation in the cadre i.e. 03.10.2005, does not call for any interference in exercise of the powers of judicial review. II) The appointment of the Appellants was illegal, and in contravention of all canons of service jurisprudence. It was based on the generosity of the State. iii)The recruitment process commenced pursuant to the 1985 Advertisement for 40 posts of ACFs, was completed on the appointments made on 14.12.1987. iv) The recruitment process having been completed, there was no occasion for the State to make any further appointments pursuant to the 1985 Advertisement. v) The Appellants were persons who had not been selected or recommended by the Commission, nor were they waitlisted candidates. vi) The appointment of the Appellants ought to be considered non est. vii) The State Government vide Notification dated 04.10.2010 regularised their services w.e.f. 03.10.2005.
(3.) The Appellants filed the present Special Leave Petitions to challenge the common Impugned Judgment dated 10.11.2014 passed by the learned Division Bench of the Patna High Court.;