Administrative errors should not penalize an employee; reinstatement ordered despite eligibility issues based on peculiar circumstances.

JUDGMENT :

B.R. GAVAI, CJI.

1. Leave granted.

2. This appeal challenges the judgment and order dated 14th May, 2024 passed by the Division Bench of the High Court of Jharkhand at Ranchi in Letters Patent Appeal No. 398 of 2023 thereby dismissing the appeal filed by the present appellant. By the said judgment, the Division Bench of the High Court upheld the judgment and order dated 19th April, 2023 passed by the learned Single Judge of the High Court in W.P.(S) No. 3391 of 2020, whereby the learned Single Judge had dismissed the writ petition preferred by the appellant.

3. This appeal arises out of peculiar facts and circumstances.

4. The Jharkhand Staff Selection Commission issued an advertisement thereby inviting applications for appointment to the post of Trained Graduate Teacher (TGT) in Government Secondary Schools in the State of Jharkhand. As per the said advertisement, 25 per cent of the posts were reserved for the teachers of Government Primary Schools of Jharkhand having experience of minimum five years.

5. At the relevant time, the appellant was working in a minority school, which was fully (100 per cent) Government- aided.

6. Presuming himself to be eligible for appointment to the post of TGT under the aforesaid 25 per cent quota, the appellant submitted his application pursuant to the said advertisement.

7. It is not in dispute that the appellant was serving in St.Teresa Girls Middle School, Dudhani, Dumka, since 2nd April, 2008 and his appointment was confirmed by the Director, Primary Education vide Memo No. 1148 dated 27th May, 2009.

8. The appellant, while submitting the application, had also obtained ‘No Objection Certificate’ from the Office of the District Superintendent of Education, Dumka.

9. In the selection process, the appellant was found to be successful and his name was also recommended for appointment to the said post. However, since the appointment letter was not issued, the appellant preferred a writ petition before the High Court of Jharkhand being W.P.(S) No. 897 of 2019.

10. During the pendency of the said writ petition, the appellant’s case was considered by the District Education Establishment Committee, Dumka in its meeting dated 19th October, 2019. The District Education Establishment Committee found the appellant to be eligible and directed appointment letter to be issued to the appellant. Therefore, an appointment letter was issued to the appellant on 24th October, 2019. In pursuance to which, the appellant had joined the post of TGT on 26th October, 2019.

11. Since the appellant was appointed, the W.P.(S) No. 897 of 2019 filed by the appellant had been rendered infructuous and as such, the same was disposed of.

12. However, the appellant’s services came to be terminated after almost a year vide Office Order dated 7th September, 2020. Thereafter, on 12th September, 2020 vide another Office Order the salary drawn by the appellant during the entirety of his service was sought to be recovered.

13. Being aggrieved, the appellant approached the High Court by way of a W.P.(S) No. 3391 of 2020 and the said writ petition came to be dismissed vide judgment and order dated 19th April, 2023.

14. The appellant thereafter preferred an appeal, which too came to be dismissed by the Division Bench of the High Court, by the impugned judgment and order.

15. Being aggrieved thereby, the present appeal has been filed.

16. Heard Mr. Adarsh Kumar Tiwari, learned counsel appearing for the appellant and Mr. Sudhir Bisla, learned