Suresh Ram and Others vs The State of Jharkhand and Others

Narendra Nath Tiwari, J.—In this writ petition, the petitioners have challenged the tentative seniority list dated 4.6.2012 which has been published inviting objections. According to the petitioners, they have not been properly placed in the said tentative seniority list. Persons junior to them have been placed above them. They filed objections long back on 23.6.2012 but the same has not been considered and proper seniority list has not been published. The respondents, though have not decided their objections and have not published final seniority list they are contemplating to initiate process of promotion on the basis of the said erroneous seniority list. The respondents have asked for the character rolls of some of the persons available in the department for that process.

Learned JC to S.C.-II, appearing on behalf of the respondents, submitted that the respondents have made a tentative seniority list and have invited objections. Number of objections have been received by the department. The objections are under consideration. Final seniority list shall be published after due consideration of objections filed by the aggrieved persons. The letter whereby the character roll of the persons have been asked for, has nothing to do with the seniority list. The petitioners'' apprehension is wholly unfounded and imaginary.

Having heard learned counsel for the parties, I find substance in the submissions of learned counsel for the respondents. The department has published a tentative list of seniority and has invited objections. The objections filed by the petitioners are still pending. According to the respondents, the same are under consideration. On going through the letter dated 4.1.2013, I find that A.C.R. of some of the persons including the petitioners have been asked for. The letter does not mention reference of any gradation list giving rise to any cause apprehended by the petitioner. The seniority list is tentative. Objection has been invited against the same. I find no illegality in publishing tentative seniority list, inviting objections for the concerned persons. Final seniority list is yet to be published after disposing of the objections. In view of the above, this writ petition is disposed of directing the respondents to decide the objections filed by the aggrieved persons before the seniority list is finally prepared and published by the department.