HARENDRA KUMAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that though petitioners were amongst successful candidates for the post of Teacher and though; after selection, they have submitted all the necessary documents in time and though the documents are never verified in the month of December, 2003 by the respondents themselves, rest of the selected candidates were given appointment in the year 2003 on 22nd December, whereas the petitioners are given appointment on 2nd December, 2004 and therefore, prayer is made in this petition for notional date of appointment with effect from 22nd December, 2003. The petitioners are not claiming salary for the period from 22nd December, 2003 to 2nd December, 2004.

(2.) COUNSEL for the petitioners submitted that in pursuance of the public advertisement for the post of Teacher, examination was conducted in the year 2003, petitioners were amongst the 577 successful candidates. Thereafter, all the documents were submitted by the petitioners on 22nd November, 2003. Other successful candidates were given appointment on 22nd December, 2003, whereas for the petitioners were not issued appointment letter for the reason best known to the respondents. Thereafter, on 8th October, 2004, a direction was issued by the Joint Secretary to the Human Resources Development Department, State of Jharkhand to the Respondent No.4, who is the District Superintendent of Education, Dhanbad to give appointment to the petitioners. Though, verification of all the documents of the petitioners were over, but for the reason best known to the respondents, appointment letters were not issued to the petitioners and ultimately, on 2nd December, 2004 petitioners were issued appointment letters. It is also submitted by the counsel for the petitioners that there are no justifiable reasons as to why the respondents have not appointed the petitioners with effect from 22nd December, 2003 because other similarly situated selected candidates were given appointment with effect from 22nd December 2003. If the petitioners are not granted appointment with effect from 22nd December, 2003, they will lose their seniority, which will affect their opportunity for promotion as well as some other benefits like G.P.F. and Pension etc. and therefore, this petition is filed with a prayer for notional date of appointment with effect from 22nd December, 2003.

(3.) HAVING heard counsel for both sides and looking to the facts and circumstances of the case, it appears that petitioners were amongst the successful candidates for the post of Teacher. After being selected, petitioners have submitted all their documents about educational qualification etc. within time, i.e. on 22nd November, 2003. Other selected candidates were appointed on 22nd December, 2003. Some correspondences were being exchanged for verification of the documents submitted by the petitioners and though this verification process was also complete by 1st November, 2004, petitioners were issued appointment letters on 2nd December, 2004.