IMPORTANT POINT
Seniority can be claimed from the date of substantive appointment and not fortuitous appointment.

JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. 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 [Names of Respondent Nos. 21-22, 24 and 28 have been deleted from the array of parties vide Order dated November 6, 2017 passed by the learned Chamber Judge.], 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 herein-below:

“3. The appointments of the service shall ordinarily be made by - …

…(aa) The Range Officer of Forest, who passes the Ranger Course securing Honours sh