IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1152 of 1999 VIJAYA NARAIN PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Upendra Prasad, Adv. Mrs. Veena Kumari Jaiswal, Adv. For the State: Mr. S. Arshad Alam (SC-III) Mr. Md. Arif, Adv. ***** 19. 01.03.2011 Heard learned counsel for the Petitioner and the Counsel, appearing on behalf of State. Counter Affidavits, Supplementary Counter Affidavits on behalf of the Respondents and Supplementary Affidavit on behalf of the petitioner have been filed in this case during the pendency of this Writ Application, filed in the year 1999, in order to bring new facts and developments, connected with the matter, on the records of the case. Initially, this application had been filed by the petitioner for a direction to the Respondents to include his name in the panel of selected candidates and for consideration of his name for promotion to the cadre of Indian Forest Service as well as for quashing of selection panel, approved by the Government of India, contained in Notification No. 17013/03/97-115.11, dated 10th of July, 1997, whereby Respondent Nos. 10 to 18 had been selected for promotion to the cadre of Indian Forest 2 Service by the selection Committee. Petitioner’s case is that his name has maliciously not been considered for selection at the instance of one of the members of the selection Committee, who was prejudicial to him. During the pendency of the Writ Application, several developments have taken place and some of the Respondents’ names were deleted on account of their death or retirement. First Counter Affidavit was filed in this case on behalf of Respondent No. 6, i.e., Commissioner- cum-Secretary, Department of Forest and Environment, Government of Bihar, Patna, giving reference to the relevant rule of Indian Forest Services (Appointed by Promotion) Regulation, 1966, which lays down the provision for preparation of a list of suitable Officers of State Forest Service for promotion in IFS Cadre. The relevant rules, as referred in the Counter Affidavit, are Rules 5 (3AA) and Rule 5 (4). It has been stated that Rule 5 (3AA) provides that the Selection Committee shall classify the eligible Officers as “Outstanding”, “Very Good”, “Good” or “Unfit”, as the case may be on a relevant assessments of their service records. Rule 5 (4) 3 provides that the required number of names, first from amongst the Officers, finally classified as “Outstanding”, then from classified as “Very Good” and thereafter from amongst those classified as “Good” in order to their inter se seniority within each category, is to be considered. From this Counter Affidavit, it transpires that the petitioner was not well within the consideration zone on account of his classification in the category of “Good” and the number of vacancies available. Since 15 Officers were already available in category of “Very Good”, as such petitioner’s name was not included in the select list, produced before the DPC meeting, held on 28.03.1997, as he was classified in category “Good”. Petitioner himself has filed a Supplementary Affidavit, from which it transpires that for the period 1998, a Departmental Promotion Committee meeting was held on 24th of November, 2003 and the selection list was prepared by the Departmental Promotion Committee, in which the name of the petitioner was placed at serial no. 1 against 3 existing vacancies in the promotion quota of the State Cadre as determined by the Central 4 Government in terms of Rule 4(3)(b) of the Indian Forest Service (Recruitment) Rules, 1966, read with Regulation 5 (1) of the Indian Forest Service (Appointment by Promotion) Regulation, 1966. In the selection list, however, on over all relevant assessments, the petitioner’s name was placed in serial no. 3, his ACR was considered for five years back. Despite this fact, his case was ignored. In the year, 2000, on the basis of the select list, prepared by the Departmental Promotion Committee, the Government of India, Department of Environment and Forest, prepared a select list on 16th March, 2004. The name of petitioner was placed at serial no. 1 in the select list and the petitioner was considered eligible for promotion to the IFS Cadre from the State Cadre, continuously for three years 1998 to 2000. The notification, issued by the Government of India, Department of Environment and Forest, has been annexed as Annexure-12 to the Supplementary Affidavit in order to show that the petitioner’s name has already been considered as eligible for promotion to the IFS Cadre. It has also been stated in the Supplementary Affidavit that the Under Secretary to the Government of India, 5 Department of Environment and Forest has duly issued a notification dated 19th of January, 2007, whereby the select list for promotion from State Forest Service of Bihar to the Indian Forest Service for the year 2001 and 2006 has been issued and the Union Public Service Commission has approved the year-wise select list prepared in the said meeting, containing the names of persons of the State Forest Service of Bihar for filling up all promotional vacancies available in Bihar Cadre of the Indian Forest Service. The name of petitioner is there in this notification at serial no. 1 and the petitioner has been placed in the select list of 2001, subject to the clearance of Disciplinary Proceeding. The Supplementary Counter Affidavit has also been filed on behalf of Secretary, Environment and Forest Department, Government of Bihar, Patna, where it has been admitted that the petitioner’s name has been include in the provisional select list, issued by the Government of India, subject to clearance of Disciplinary Proceeding and expunction of adverse remarks and grant of integrity certificate by the State Government. It has also been stated that Disciplinary Proceeding, initiated against the 6 petitioner, has concluded on 04.12.2008. After disposal of Departmental Proceeding, no meeting of Departmental Promotion Committee has been held for promotion of State Forest Officers in IFS Cadre. However, the Ministry of Environment and Forest, Government of India has already determined the promotion quota of IFS Cadre of this State, recommending six vacancies for the year 2007 and petitioner’s name for promotion will be considered as and when the Departmental Promotion Committee meeting is held. It has also been stated that the grant of integrity certificate is under process of consideration, in which name of the petitioner is also included amongst others. From the Supplementary Counter Affidavit, it transpires that finally the name of petitioner is there for giving promotion to the IFS Cadre in the State of Bihar. All formalities have been done except that the date of meeting of Departmental Promotion Committee, has not been decided. As and when the Departmental Promotion Committee’s meeting will be held, the petitioner will be considered for promotion, as all formalities have been concluded. This application is being disposed of, 7 directing the Respondents to pass final order in favour of the petitioner in this background, as and when the meeting of Departmental Promotion Committee is held. Petitioner’s name be recommended for promotion; relevant notification be issued in favour of the petitioner without wasting any further time, preferably within six months, formalities be completed. Since petitioner has already retired from his service, he shall be allowed all promotional and consequential benefits with effect from the date he is entitled legally. In view of the aforesaid facts and circumstances, this application is allowed. SKM (Mridula Mishra, J.)