NDLI: Nand Kumar Manjhi & Anr. Etc. Vs. The State of Bihar & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	date of their substantive appointment Bihar Forest Service Rules 1953 r.35 seniority of officer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Bihar Forest Service Rules, 1953 – rr.3(aa), 22, 24 & 35 – Respondent No.1-State published advertisement on 24.07.85 inviting applications for filling up 40 posts of Assistant Conservator of Forests (ACF) through direct recruitment – Posts filled up vide Notification dtd.14.12.87– Appellants participated in the selection but were unsuccessful in getting appointed – Appellants with some other unsuccessful candidates made representations inter alia to Chief Minister, Minister of Forests and Environment for appointment against vacant posts beyond the 40 advertised posts – Commission recommended the names of 12 candidates, including the appellants, for appointment as ACFs – Notification dtd. 13.04.88 issued appointing 11 candidates, including the appellants – In 1987, 52 Forest Rangers were also promoted as ACFs – Further appointments were made through direct recruitment and promotion in 1990, 1992 and 1995 – Proposal to regularise the services of the appellants approved by the Governor on 03.10.05 – Appellants confirmed vide notification dtd. 04.10.10 w.e.f. from the date of their regularisation i.e. 03.10.05 – State published the Final Seniority List – Appellants placed at the bottom of the Seniority List, below the 1987 Promotees, the Direct Recruits and Promotees of 1990, the 1992 Promotees, and Promotees of 1995 – Objected by the appellants – Appellants filed writ petitions – Dismissed – LPAs also dismissed – Held: As per r.35 of the Bihar Forest Service Rules, 1953, the seniority of officers appointed to the Bihar Forest Service has to be determined with reference to the date of their substantive appointment – An appointment in substantive capacity is one which is not fortuitous or ad hoc, and is made in compliance with the extant rules and regulations – Appointment of the appellants were made beyond the vacancies advertised in 1985 – Appellants admittedly secured appointment as ACFs through the back-door by making various representations and persistent lobbying – Pursuant to these representations, the State appointed the appellants on 13.04.88 purportedly with reference to the 1985 advertisement – This was illegal and fortuitous, since the posts advertised in 1985 had been filled up from its merit list which stood fully exhausted – There is no provision for maintaining a Wait List under the 1953 Rules– Hence, the appointment of the appellants was wholly illegal and contrary to the statutory rules – Proposal to regularise the services of the appellants was initiated, taking a humanitarian view, since by then the Appellants had already served for almost 17 years – High Court rightly held that the seniority of the appellants can be reckoned only from the date of their regularisation in service w.e.f. 03.10.05, and not from the date of their initial appointment on 13.04.88, as claimed by them – Impugned judgment affirmed.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 546
Petitioner	Nand Kumar Manjhi & Anr. Etc.
Respondent	The State Of Bihar & Ors. Etc.
SCR	[2019] 6 S.C.R. 653
Judgement Date	2019-04-22
Case Number	4020

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