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2020 Supreme(Jhk) 778
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Nilesh Kumar Yadav S/o Shree Gyanchand Yadav – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. No. 618 of 2018, I.A. No. 1914 of 2019
Decided On : 03-06-2020
Advocate Appeared:
For the Appellants : Mr. Manoj Tandon, Mr. Shiv Shankar Kumar, Mrs. Kumari Rashmi.
For the Respondent: Mr. Brij Bihari Sinha.
The main legal point established in the judgment is that the nature of appointment, whether contractual or ad-hoc, determines the rights of the employees and their entitlement to continue in service under changed circumstances.
Headnote:
Limitation Act - Condoning delay - Section 5 - The court allowed the interlocutory application under Section 5 of the Limitation Act for condoning the delay of 12 days in preferring the appeal. The intra-court appeal was directed against the discontinuation of the engagement of Data Entry Operators under the 13th Finance Commission. The court found that the appellants were prevented by sufficient cause in preferring the appeal within the period of limitation.
Fact of the Case:
The writ petitioners were appointed as Data Entry Operators under the 13th Finance Commission. Upon the expiration of the 13th Finance Commission and the launch of the 14th Finance Commission, the authorities issued a fresh advertisement for the appointment of Data Entry Operators with changed eligibility criteria. The writ petitioners sought to continue their services under the 14th Finance Commission, but the learned Single Judge refused to pass any positive direction in their favor.
Finding of the Court:
The court found that the nature of appointment was contractual and not ad-hoc, and the appointment made on a contract basis under a Scheme depends upon the terms and conditions of the contract. The court held that the writ petitioners cannot claim continuation in their services under the 14th Finance Commission as they would have lesser minimum educational qualification as required in the fresh advertisement. The court dismissed the appeal, upholding the decision of the learned Single Judge.
Issues: The main issue was whether the writ petitioners were entitled to continue their services as Data Entry Operators under the 14th Finance Commission despite the changed eligibility criteria in the fresh advertisement.
Ratio Decidendi: The court held that the nature of appointment was contractual, and the appointment made on a contract basis under a Scheme depends upon the terms and conditions of the contract. The court emphasized that the writ petitioners cannot claim continuation in their services under the 14th Finance Commission as they would have lesser minimum educational qualification as required in the fresh advertisement.
Final Decision: The court dismissed the appeal, upholding the decision of the learned Single Judge.
JUDGMENT :
1. The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual connectivity.
I.A. No. 1914 of 2019
This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 12 days in preferring this Letters Patent Appeal.
Heard.
In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellants were prevented by sufficient cause in preferring the appeal within the period of limitation.
Accordingly, I.A. No. 1914 of 2019 is allowed and delay of 12 days in preferring the appeal is condoned.
L.P.A. No. 618 of 2018
The instant intra-court appeal is directed against the order/judgment dated 16.08.2018 passed by the learned Single Judge of this Court in W.P. (S) No. 4676 of 2016, whereby and whereunder, the order dated 04.08.2016, by which, the engagement of the writ petitioners as Data Entry Operator has been discontinued on the ground that they were paid honorarium under 13th Finance Commission.
2. The brief facts of the case are required to be referred herein which reads as hereunder:-
That under the 13th Finance Commission, the Government of India has taken a decision to connect all the villages with computer and internet and accordingly it was decided to collect the data and feed the same in the computer pertaining to various aspects relating to rural areas and for which, the information are required to be entered under the 11 applications so that the same can be accessed by any individual as required.
The State of Jharkhand, in pursuance to the aforesaid decision of the Central Government has issued a letter bearing letter no. 708 dated 11.03.2014, wherein a specific direction has been issued to all the Deputy Commissioners and the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad to take appropriate action for appointment of dedicated Computer Operator in their districts on contractual basis as Data Entry Operator for entry of data under 11 applications as the fund will be released only after start of the work.
The Directorate of Panchayti Raj, State of Jharkhand, in compliance to the aforesaid policy decision has issued a letter bearing letter no. 1199 dated 22.04.2014, wherein the Deputy Development Commissioner-cum-Chief Executive Officers of all the Zila Parishads were directed to take appropriate steps for creation of computer cell and also for appointment of Data Entry Operator, in pursuant thereto, an advertisement was issued on 09.06.2014 inviting application from eligible candidates for consideration of their candidature for their engagement as Data Entry Operator on contract basis.
The authorities have also constituted a Selection Committee before whom the application receipts of the various candidates have been placed and on the basis of the comparative assessment of merit of one or the other candidates, a merit list was prepared and altogether 45 candidates have been selected, out of which 31 candidates have been appointed against the vacancy created for appointment on contractual basis and the candidates from serial no. 32 to 45 were kept in waiting.
The writ petitioners being found to be successful have been issued with their appointment letters, in pursuant thereto, they have started discharging their duties.
It is the grievance of the writ petitioners that while they were discharging their duties, the period of 13th Finance Commission has expired, in consequence thereof, the 14th Finance Commission has been launched, in which also the direction was issued to take appropriate steps for appointment of Data Entry Operator by fulfilling the 63 posts for the district of Garhwa.
According to the writ petitioners, they have agitated their grievance before the competent authority that since they are discharging their duties as Data Entry Operator in pursuant to the appointment ma
