KIRAN BALA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for a direction on the respondents to grant seniority with consequential benefit and annual increments in salary w.e.f. 1987.

(2.) According to the petitioner, she was empanelled for appointment in 1987. The other candidates, who were also in the same panel were appointed in 1987, but the petitioner was not appointed. She had filed writ application being C.W.J.C. No. 847 of 1992(R) before the Patna High Court, Ranchi Bench (as then was). The said writ application was allowed directing the respondents to issue appointment letter to the petitioner. The respondents thereafter issued appointment letter on 1.5.1993. The petitioner's service was not wanted with effect from the date on which the other candidates in the same panel were appointed in the year 1987. The petitioner protested against the said discrimination and subsequently filed another writ application being C.W.J.C. No. 3203 of 1997(R) before the Patna High Court. Ranchi Bench (as then was), praying for a direction to restore her seniority w.e.f. 1987 and fix her pay with effect from that date. The said writ petition was allowed directing the respondents to consider the petitioner's representation and pass appropriate order. The respondents, thereafter, considered the petitioner's representation and passed order allowing her notional seniority to reckon from 1987. However, it was specifically mentioned that the same will not have any effect on annual increments or for payment of salary and the notional seniority shall be counted only for the purpose of considering promotion of the candidates of 1987 panel. The said order was further modified by the respondents to the extent that the petitioner shall be entitled to get benefit at par with Om Prakash Sah and Sachidanand Sah, Assistant Teachers, who were also in the panel of 1987, but were appointed on subsequent dates.

(3.) Learned counsel, appearing on be-half of the petitioner, submitted that the aforesaid Assistant Teachers-Om Prakash Sah and Sachidanand Sah had got the benefit of fixation of pay and annual increments w.e.f. 1987 the year in which the other candidates of the panel were appointed. The petitioner is thus, entitled to get the said benefit. Though the said claim is pending before the respondents, they have neither denied nor any order has been passed accepting the said claim of the petitioner.