Tapen Sen, J. - (1.) HEARD Mr. N.N. Tiwari, learned Senior Advocate appearing for the Petitioner. Mr. R.K. Chbudhary, learned counsel appearing for the respondent No. 8 and Mr. Aniket, JC to SC I for the Respondent State.
(2.) THE Petitioner has prayed for quashing the order dated 27.7.1995 (Annexure -10) passed by the respondent No. 3 (Additional Secretary, Forest and Environment) by reason whereof and in purported compliance of the order passed in an earlier Writ Application namely CWJC No. 4038/ 1993{R), the representation of the Petitioner was disposed off without redressing his grievances in relation to promotion. The Petitioner seeks promotion on the post of Range Officer of Forest and submits that the respondents could not have promoted the respondent No, 8 who is junior to him by order as contained at Annexure -7 and therefore the petitioner prays for also quashing the said order as contained at Annexure -7 being the order dated 2.11.1993 whereby and whereunder the respondent No. 8 was; promoted on the post of Range Officer of Forest. The Petitioner's case briefly stated is that he was appointed as a Forest Guard on 5.5.1973 after he had obtained Degree of B.Sc. Part -I. Subsequently and during the course of his service, he was sent for training in the Session 1984 -85 in the Departmental Guards' Training School at Mahilong, Ranchi and upon successful completion thereof, he duly appeared in the Departmental Examination (Guards' Training Examination). His results were published in the month of February, 1985 (Annexure - 1) on the basis whereof the Petitioner was declared to have secured first position with Honours marks. The petitioner's position is at S.No. -1 of Annexure -1.
(3.) ACCORDING to the Petitioner, a Forest Guard, who secures first position with Honours marks at Guards' Training Examination and who has also put in at least five years' of satisfactory service becomes entitled to be promoted on the post of a Forester.;