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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Savitri Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. illegal bypass of compassionate grounds for widow (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. diligent pursuit since 2002 amid delays (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. litigation delay not petitioner's fault (Para 13 , 14) |
| 4. precedents grant notional seniority for denial (Para 15) |
| 5. notional seniority from illegal appointment date (Para 16 , 17 , 18) |
Judgment :
Jiya Lal Bhardwaj, J.
By way of present writ petition, the petitioner has sought writ of mandamus directing the respondents to consider her case for regularization as a Part Time Water Carrier after granting her seniority from June/July 2002, with all consequential benefits.
2. Shorn of unnecessary details, the key facts of the case are that the petitioner had applied for the post of Part Time Water Carrier in Government Primary School, Bhompher under Clause 12 of the Recruitment Scheme for appointment of Part Time Water Carrier. However, instead of considering her claim for appointment under Clause 12 of the Scheme, though being widow and belongs to IRDP family, one Sh. Rajpal was given appointment on the post of Part Time Water Carrier in Government Primary School, Bhompher. Two members of Sh. Rajpal’s his family were al
Wrongly denied appointment due to illegal selection of ineligible candidate entitles eligible petitioner to notional seniority from illegal appointment date for regularization, without back monetary ....
It has been consistently opined that in case a candidate is wrongly denied appointment for no fault on his part, he cannot be denied appointment from due date and consequential seniority.
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
The court established that an employee appointed on an adhoc basis against a sanctioned post is entitled to regularization and seniority from the date of their initial appointment if similarly situat....
Lengthy service by an employee on ad-hoc basis, when performed against a sanctioned post, must be counted towards seniority and benefits, ensuring equitable treatment in state employment.
Notional retrospective appointment and benefits granted where employer’s illegality and delay deprived candidate of timely service entry.
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
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