Case Note & Summary
The case pertains to the seniority of Assistant Conservators of Forests (ACFs) in the Bihar Forest Service. The appellants were appointed on 13.04.1988 and 10.08.1989 from the select list of a 1985 advertisement, even though the advertised 40 posts had already been filled in 1987. Their appointments were made by the State Government on the recommendation of the Bihar Public Service Commission, but beyond the advertised vacancies. Subsequently, the State regularised their services w.e.f. 03.10.2005. In the final seniority list published on 02.07.2010, the appellants were placed at the bottom, below direct recruits and promotees appointed in 1987, 1990, 1992, and 1995. The appellants challenged this placement before the Patna High Court, which dismissed their writ petitions and letters patent appeals, holding that their initial appointments were illegal and that seniority could only be counted from the date of regularisation. The Supreme Court, in the present appeals, upheld the High Court's decision, holding that appointments made beyond the advertised vacancies and without following the recruitment rules are illegal. Such illegal appointments cannot confer any right to seniority from the date of initial appointment. Regularisation does not relate back to the initial appointment for seniority purposes; seniority must be reckoned only from the date of regularisation. The Court dismissed the appeals, affirming that the appellants were rightly placed at the bottom of the seniority list.
Headnote
A) Service Law - Seniority - Illegal Appointment - Regularisation - Appellants appointed beyond advertised vacancies without following recruitment rules - Held that such appointments are illegal and cannot confer seniority from initial appointment; seniority counts only from date of regularisation (Paras 2.1-2.23, 3-4). B) Service Law - Regularisation - Effect on Seniority - Appellants regularised w.e.f. 03.10.2005 after 17 years of service - Held that regularisation does not relate back to initial appointment for seniority purposes; seniority must be reckoned from regularisation date (Paras 2.14-2.15, 3-4). C) Service Law - Appointment - Exhaustion of Select List - Appointments made from exhausted select list of 1985 advertisement - Held that such appointments are illegal and cannot be treated as mere irregularity (Paras 2.1-2.5, 2.21).
Issue of Consideration
Whether the appellants, who were appointed as Assistant Conservators of Forests beyond the advertised vacancies, are entitled to seniority from the date of their initial appointment (13.04.1988) or only from the date of regularisation (03.10.2005).
Final Decision
The Supreme Court dismissed the appeals, holding that the appointments of the appellants were illegal as they were made beyond the advertised vacancies. Their regularisation w.e.f. 03.10.2005 does not entitle them to seniority from the date of initial appointment. The seniority list placing them at the bottom was upheld.
Law Points
- Seniority
- Regularisation
- Illegal Appointment
- Direct Recruitment
- Promotees
- Bihar Forest Service Rules
- 1953
