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SANJAY K. AGRAWAL
Virendra Kumar Mire S/o Shri Jeevanlal Miri – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
SANJAY K. AGRAWAL, J.
1. In this writ petition, the petitioner is seeking direction to the respondent authorities to consider the case of the petitioner for appointment to the post of Peon from the waiting/select list.
2. The facts of the case is that the advertisement for appointment to the post of Peon was issued on 24.08.2013 (Annexure P/1) by the Executive Engineer, Public Works Department, Mungeli, pursuant to which, the petitioner and respondent No.3 both were called for interview for the said post. Subsequently, vide order dated 12.06.2014 (Annexure P/3), respondent No.3 was selected for the aforesaid post, which he joined on the same day. However, the services of respondent No.3 was terminated vide order dated 29.11.2014 (Annexure P/8), on the ground that he was having more than two living children and the third child was born after 26.01.2001. The case of the petitioner is that since the aforesaid post has fallen vacant following the termination of the respondent No.3, therefore, he may be appointed to the said post. The return has been filed opposing the writ petition.
3. Ms. Diksha Gauraha, learned counsel for the petitioner would submit that since the subject post h
A vacancy caused by the termination of an employee must be filled through a new selection process, not from an existing select list.
The waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
Post of contractual peon - Qualification - Selection Process - Preference will be given to those candidates who have already worked or working temporarily as contractual/fixed pay/wages basis in subo....
The appointment of a candidate to a contractual post without an application, contrary to advertisement requirements, violates constitutional provisions establishing equitable recruitment practices.
Statutes are prima facie prospective unless expressly made retrospective, and retrospective operation is not intended unless manifested by express words or necessary implication.
The waiting list for recruitment cannot be used to fill vacancies arising from the resignation of selected candidates, as such vacancies are treated as fresh vacancies requiring a new selection proce....
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