M.Y.EQBAL,J. - (1.) THIS appeal is directed against that part of the impugned judgment dated 20.11.2007 passed in W.P. (S) No.1638 of 2007 whereby the learned Single Judge while disposing of the writ petition, directed the respondents -State to consider the claim of the petitioner for regular appointment on the post of Director, Agriculture, Jharkhand.
(2.) THE writ petitioner, who is respondent No.3 here, filed the aforementioned writ petition for quashing the notification dated 10.3.2007 issued by the Agriculture and Sugarcane Development Department, whereby the present appellant (respondent No.3 in the writ petition), alleged to be much junior to the writ petitioner, was given additional charge of Director of Agriculture ignoring the seniority and claim of the writ petitioner who is alleged to be on the top of the seniority list. It was alleged by the writ petitioner that undue favour was shown by giving additional charge of Director, Agriculture to the appellant. The stand of the State before the writ Court was that respondent No.3 is the senior -most officer in the Department and, therefore, he has been given additional charge of Director till regular Director is appointed. Learned Single Judge, on the basis of the averments made by the parties, disposed of the writ petition directing respondent -State to take immediate step for appointment/posting of regular Director of Agriculture and complete the process of selection within a period of three months from the date of receipt of a copy of that order. The learned Single Judge further directed that the writ petitioner as well as the respondent (appellant) and other persons may also prefer their claim and take part in the process as may be permissible for regular appointment.
(3.) LEARNED counsel appearing for the appellant submitted that no direction could have been given for considering the claim of the writ petitioner at the time of regular appointment of Director of Agriculture, inasmuch as the writ petitioner has already been allocated Bihar cadre.;