Aparesh Kumar Singh,j. - (1.) Mr. Anil Kumar Singh, who was the General Secretary of the Range Forest Officers Association is present today, though he admits that he is not the General Secretary as on date.
(2.) In order to recapitulate the crux of this litigation, it would be better to quote the order dated 10.02.2020, which reads as under: Petitioner-Association had approached this Court with the following prayer: 'For the issuance of appropriate writ/writs, order/orders, direction/directions or a writ in the nature of prohibition prohibiting the respondent authorities to act in furtherance to the resolution dated 28.09.2012 and analogous orders whereby and whereunder in complete violation of Article 320(3)(a) appointment to the 'civil post' of Range Forest Officer is being done without the same being routed through the Public Service Commission and also in absence of any service condition/rules for promotion in tune with the recommendation of the Fitment Appellate Committee.' Earlier the petitioner was appearing in person, but he is not present today. Vide order dated 7th January 2016 learned Advocate of this Court Mr. Vaibhav Kumar was appointed as Amicus Curiae to assist the Court in the matter. The petitioner was directed to furnish the entire pleadings to the learned Amicus Curiae and render all his instructions as were required. Thereafter, the matter has been adjourned on several dates. Today learned Amicus Curiae has produced a gazette notification dated 3rd January 2019 of the Jharkhand Range Forest Officers Service (Recruitment, Promotion and other Service Conditions) Rules, 2018 dated 17th December 2018. Learned Amicus Curiae submits that the instant Rule prescribes the terms and conditions for promotion. Direct recruitment to the post of Range Forest Officer is to be done by the J.P.S.C. Part-III contains provision relating to direct recruitment. Conditions for promotion are prescribed under Part-IV. In the opinion of learned Amicus Curiae, this takes care of the main prayer of the writ petitioner. Petitioner in person has been informed of this development. Any individual cause of action of the Members of the Association would otherwise be amenable in independent proceedings. The instant writ petition has, therefore, served its purpose. It can be disposed of. Since the petitioner in person is not present today, the matter is adjourned for two weeks to grant him one indulgence to put across, if there are any remaining grievances. Let the case appear on 28th February 2020. However, no further adjournment would be granted.'
(3.) At the outset learned Amicus Curiae has very fairly pointed out to this Court that the deponent of this writ petition Mr. Anil Kumar Singh, the then General Secretary of the Range Forest Officers Association has been apprised of the legal position during discussion with him. He submits that there is some area of doubt in his mind vis-a-vis-vis individual cases of employees on the question of promotion without concurrence of the Public Service Commission.;