RAJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioners, Mr. Lal Gyan Ranjan Nath Shahdeo, learned A.C. to G.P. II. for the State of Jharkhand, Mr. Shivam Sahay, learned counsel for the B.P.S.C. and Mr. Soumitra Baroi, learned counsel appearing for the private respondent nos. 6 to 24.

(2.) The petitioners have preferred this writ petition for direction upon the respondents to grant seniority to the petitioners from the date of which the other similarly situated candidates have been appointed in service by the Bihar Public Service Commission with all consequential benefits. The further prayer is made to fix the pay scale of the petitioners in the pay scale of Rs. 4000-6000 on the ground that petitioners have been recommended along with the employees who have been recommended and appointed along with the same recommendation order.

(3.) Mr. Saurabh Shekhar, learned counsel appearing for the petitioners submit that pursuant to an advertisement by the B.P.S.C., the petitioners had applied for appointment on the post of priority wise i.e. Assistant/Clerk, Accounts Clerk (Senior) and Revenue Karmachari. He submits that the result of the said examination was published on 25.07.2002 Annexure-3 to the writ petition by the B.P.S.C. in which the petitioners have been declared successful. The penal of seniority of the successful candidate was also prepared by the BPSC where the name of the petitioners find place at serial nos. 4, 8, 10, 20, 22 and 23. The said merit list is annexed at Annexure-4 to the writ petition of a letter dated 31.03.2003 of the candidates whose names are appearing in the said merit list, have been appointed except the 23 successful candidates including these petitioners who have been left out and as such the other successful candidates have been appointed on 28.01.2004. However, subsequently, BPSC by way of a communication dated 15.07.2004 letter communicated to the Deputy Commissioner, Bokaro to take necessary action for appointment of the 12 recommended candidates who have been recommended vide letter no. 426 dated 15.07.2004 and pursuant to communication dated 20.02.2008, the petitioners have been appointed in the month of April, 2008 on different dates to the posts of Lower Division Clerk, with respect to petitioner nos. 1, 3 and 4 and Junior Accounts Clerk with respect to petitioner nos. 2, 5 and 6 in the pay scale of Rs. 3050-4590/-. Learned counsel appearing for the petitioners submit that the petitioners have been appointed pursuant to the same advertisement and issuance of the appointment letter later on cannot be said that they have been appointed later on.