2015 Supreme(Raj) 1778
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Babu Lal Meena & Ors. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 144 of 2015.
Decided On : 1-09-2015
For the Respondent: Rajesh Panwar, AAG a/w Mr. Sunil Joshi and Manish Patel, AGC.
The State is estopped from taking steps to de-sanction the remaining posts of L.D.Cs. against which the petitioners stand selected, as the petitioners have a legitimate expectation that their extension of joining time would be granted and that they could join the post of L.D.C. if they were unsuccessful in the subordinate services selection process.
Headnote:
ESTOPPEL - PROMISSORY ESTOPPEL - EXTENSION OF JOINING TIME - SELECTION PROCESS - DE-SANCTIONING OF POSTS - LEGITIMATE EXPECTATION - APPOINTMENT ON THE POST OF L.D.C. - RAJASTHAN PANCHAYATI RAJ RULES, 1996 - RAJASTHAN RURAL DEVELOPMENT AND PANCHAYATI RAJ (STATE AND SUBORDINATE) SERVICES RULES, 1998.
Fact of the Case:
Petitioners, contractual employees in the Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGS), applied for the post of L.D.C. under the Rajasthan Panchayati Raj Rules, 1996. During the selection process, the State issued another advertisement for direct recruitment in subordinate services, including Accounts Assistants, which carried a higher pay scale. The petitioners applied for both posts. To avoid complications, the State issued a letter allowing L.D.C. selectees to apply for an extension of joining time till the issuance of appointment orders in the subordinate services recruitment process. The petitioners applied for an extension, but the State later proposed to abolish the remaining L.D.C. posts. The petitioners challenged this decision, arguing that the State was estopped from taking such action.
Finding of the Court:
The court held that the State was estopped from de-sanctioning the remaining L.D.C. posts and that the petitioners were entitled to join their respective posts pursuant to their selection as L.D.Cs. The court found that the petitioners had a legitimate expectation that their extension of joining time would be granted and that they could join the post of L.D.C. if they were unsuccessful in the subordinate services selection process. This expectation was based on the State's own letter dated 28.6.2013, which directed the authorities concerned to grant an extension of joining time to L.D.C. selectees who applied for it.
Issues: 1. Whether the State was estopped from de-sanctioning the remaining L.D.C. posts after issuing a letter allowing L.D.C. selectees to apply for an extension of joining time? 2. Whether the petitioners had a legitimate expectation that their extension of joining time would be granted and that they could join the post of L.D.C. if they were unsuccessful in the subordinate services selection process?
Ratio Decidendi: The court applied the principle of promissory estoppel to hold that the State was estopped from de-sanctioning the remaining L.D.C. posts. The court found that the petitioners had a legitimate expectation that their extension of joining time would be granted and that they could join the post of L.D.C. if they were unsuccessful in the subordinate services selection process. This expectation was based on the State's own letter dated 28.6.2013, which directed the authorities concerned to grant an extension of joining time to L.D.C. selectees who applied for it.
Final Decision: The court allowed the writ petitions and directed the respondents to allow the petitioners to join their respective posts pursuant to their selection as L.D.Cs. in the questioned direct recruitment process of the year 2013.
Senior Secondary from a recognised board or its equivalent examination,
Or
"O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India.
Or
Computer Operator & Programming Assistant (COPA)/ Data Preparation and Computer Software (DPCS) certificate Organised under National/State Council of Vocational Training Scheme.
Or
Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognized.
Or
Diploma in Computer Science and Engineering from a Polytechnic Institute approved from State Government.
Or
Certified course in R.S.C.I.T. conducted by Vardhman Mahaveer Open University, Kota. In addition thereto, the bonus marks were provided for experience gained by the applicants during their contractual stints with the respective Zila Parishads in NREG Scheme or like schemes viz. Nirmal Bharat Abhiyan etc.