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2004 Supreme(SC) 661

BRIJESH KUMAR, ARUN KUMAR
Sanjay K. Sinha-II – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Arun Kumar, J.-This appeal is directed against a judgment dated 13th July, 1998 of a Division Bench of the High Court dismissing a writ petition filed by the appellants herein challenging a final seniority list issued by the State Government of Bihar whereunder the appellants who are direct recruits to the Bihar Forest Service were shown junior to the private respondents who are promotees in the service. The appellants were appointed as Assistant Conservators of Forests (ACFS) to the Bihar Forest Service (hereinafter called the service ) as direct recruits in pursuance of advertisement issued by the Bihar Public Service Commission on 24th July, 1985 for filling 40 permanent posts of Assistant Conservators of Forests in the service. According to the appellants the process of direct recruitment was completed on 8th June, 1987. However, the appointment orders with respect to the direct recruits were issued only on 14th December, 1987. The appellant state that at the relevant time the cadre strength of the post of Assistant Conservator of Forests was only 172 and the promotees were already occupying more than 50% posts. Their quota being only 50% of the posts. We may note here











































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