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 benefits.

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 application was transferred to this Court and was numbered as CWP(T) No. 8621 of 2008 and vide judgment dated 13.12.2010, the same was allowed and appointment of respondent No. 4, Shri Rajpal made vide Annexure R-4/C dated 08.05.2002 was quashed and set aside and the respondents were directed to redo the entire selection process by considering the petitioner as well as respondent No. 4 strictly as per Clause 12 of the Scheme afresh:-

“The Government will have the power to appoint any candidate as part time water carrier on compassionate ground without following the selection process if the candidates are widows, women deserted by their husbands, or otherwise destitute handicapped persons and if the candidates falls below the poverty line as defined by the Rural Development Department from time to time.”

4. The private respondent namely Shri Rajpal, feeling aggrieved by the judgment passed by the learned Single Judge of this Court, had preferred an appeal and the same was dismissed on 20.09.2011 (Annexure P-3). The private respondent in the earlier petition had approached the Hon’ble Supreme Court, however, the SLP preferred by him was dismissed on 07.12.2011 (Annexure P-4).

5. After dismissal of the SLP on 07.12.2011, respondent No.3 granted the approval on 12.06.2012, which was conveyed by respondent No.3 vide a communication dated 25.06.2012 to the President of School Management Committee, Government Primary School, Dungyani (Bhompher), Tehsil, Dohra and, thereafter, the petitioner was offered appointment as Part Time Water Carrier and she joined her duties on 04.07.2012. After joining the service as Part Time Water Carrier, the petitioner made a detailed representation dated 07.02.2013 (Annexure P-6), to consider her case for grant of seniority as Part Time Water Carrier for the purpose of considering her candidature for regularization to Class-IV post in the Education Department as per the policy of the Government.

6. It has been averred in the petition that the respondents did not consider the representation made by the petitioner for grant of seniority from the year 2002 for the purpose of regularization, especially when she had immediately approached the competent Court of law during July 2002.

7. The notices in the writ petition were issued to the respondents on 13.12.2013, which were accepted by the learned Additional Advocate General, who sought four weeks’ time to file reply to the petition. The