Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Savitri Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
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 already working on daily wage basis with the Forest Department, i.e. his mother and father. Despite apprising the authorities about the illegality committed in granting appointment to Sh. Rajpal, nothing was done.
3. The petitioner was compelled to file an Original Application before the erstwhile Tribunal bearing O.A. No. 1618 of 2002. The said original appl
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.
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
