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J. K. MAHESHWARI, ARAVIND KUMAR
Pawan Kumar Tiwary – Appellant
Versus
Jharkhand State Electricity Board (Now Jharkhand Urja Vikas Nigam Limited) – Respondent
JUDGMENT
ARAVIND KUMAR, J.
1. Leave granted.
2. The present appeals arise from the common order dated 22.12.2021 passed by the Division Bench of the High Court of Jharkhand at Ranchi in LPA Nos. 512 and 647 of 2018, whereby the Division Bench allowed the appeals of the respondents and set aside the appellants’ appointments to Class III posts, reversing the relief granted to them by the learned Single Judge in W.P. (S) Nos. 1248 and 1269 of 2010. Civil Review Nos. 5 and 6 of 2022 filed thereafter also came to be dismissed by order dated 07.08.2023. Hence, the appellants/writ petitioners are before this court assailing the correctness of the said orders.
The brief facts necessary for adjudication of the present appeals are set forth below:
3. The appellants, namely, Pawan Kumar Tiwary, Hemant Kumar Choubey, and Amar Kumar, were appointed to Class IV posts in the Jharkhand State Electricity Board (hereinafter referred to as "JSEB") during the years 2004–2006.
4. On 07.01.1999, the Bihar State Electricity Board, Patna issued Standing Order No. 812 regarding appointment to Non-Technical Class III posts through internal advertisement. The said Standing Order referred to Resolution No. 7305 dat
(1) Appointment – Cancellation – Mere technical irregularities in appointment processes and in absence of evidence of illegality, arbitrariness or fraud cannot be a ground to undo appointments, espec....
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
The distinction between irregular and illegal appointments, the application of Articles 14 and 16 of the Constitution, and the consideration of equity in public employment cases.
Mere selection in recruitment does not confer indefeasible right to appointment if process tainted by procedural irregularities confirmed by inquiry; authority may bona fide withhold without hearing ....
Termination of employment justified due to widespread allegations of corruption and procedural irregularities in the selection process despite claims of satisfactory service.
Appointments made without lawful selection process are illegal and cannot be regularized.
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