IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAYA KUMAR MISHRA, ANANDA SEN, JJ.
Sunil Das - Appellant
Versus
The State of Jharkhand and Ors. - Respondents
L.P.A. No. 105 of 2021
Decided On : 31-03-2023
Extension of Date of Joining - Appointment - The court upheld the rejection of appointment due to the petitioner's failure to join the post despite several opportunities for extension.
Fact of the Case:
The writ petitioner applied for appointment but failed to join the post despite several opportunities for extension. The appointment was subsequently rejected by the respondent authorities.
Finding of the Court:
The court found that the petitioner failed to join for a period of two years, leading to the rejection of the appointment. The court upheld the order diminishing the writ petition, stating that there was no error in the decision.
Issues: The main issue was the rejection of the appointment of the petitioner due to failure to join the post despite multiple opportunities for extension.
Ratio Decidendi: The court's decision was influenced by the petitioner's repeated failure to join the post despite several opportunities for extension, leading to the rejection of the appointment by the respondent authorities.
Final Decision: The court dismissed the appeal, upholding the rejection of the appointment due to the petitioner's failure to join the post despite several opportunities for extension.
ORDER :
(Ananda Sen, J.)
1. This intra-Court appeal under Clause 10 of the Letters Patent Appeal is at the instance of the writ petitioner, challenging the order dated 9.12.2020 passed in W.P.(S) No. 7318 of 2019, whereby, the writ petition, preferred by the petitioner, has been dismissed.
2. The writ petitioner applied for appointment pursuant to the advertisement No. 06/2013, published by Jharkhand Public Service Commission (JPSC), whereby the applications were invited for the 5th Combined Civil Services (PT) Examination, 2013. The petitioner being a successful candidate, both in mains and interview, was recommended for “Jharkhand Administrative Service”. The petitioner was appointed vide Notification dated 14.6.2016 and was directed to join by 15.6.2016. The petitioner prayed for extension of his joining on the ground that his previous employer was not relieving him. The date of joining was extended till 31.12.2016. The writ petitioner did not joint and again vide application dated 5.6.2017 prayed for extension of date of his joining on personal ground. Again other two applications dated 13.11.2017 and 22.3.2018 were also filed by the writ petitioner to extend his date of joining.
3. It is the case of the writ petitioner that without considering these applications, wherein prayer was made for extension of date of joining, his candidature was cancelled vide letter dated 21.5.2018 on the ground that he failed to join. The writ petition, challenging the said action of the respondents, was also dismissed.
4. After hearing the parties, we find that the writ petitioner was selected and appointed vide Notification dated 14.6.2016. Admittedly, the writ petitioner sought for several extensions for date of joining and he did not even join till the order impugned dated 21.5.2018 was passed. From perusal of order of canceling the appointment of the petitioner, it is clear that inspite of several opportunities, provided to the petitioner to join the post, he failed.
5. Since the petitioner failed to join for a period of two years, the respondent authorities have rightly rejected the appointment of the petitioner. Thus, there is no error in the impugned order dated 9.12.2020 passed in WP(S) No. 7318 of 2019 by the learned Single Judge, diminishing the writ petition. We find no merit in this appeal. Accordingly, the same is dismissed.
AI
The court upheld the rejection of appointment due to the petitioner's repeated failure to join the post despite several opportunities for extension.
Implied extension of a contractual appointment based on the actions of the employer and the reasonableness of directives given to the employee.
The importance of maintaining accurate records of employment and the reliance on documentary evidence to establish facts.
Appeal dismissed due to the expiration of appointment timelines and invalidity of time extension claims.
The main legal point established in the judgment is that the cancellation of an appointment may be justified if the candidate fails to join duty within the specified period, and if the reasons provid....
Judicial review under Article 226 is limited to cases of apparent error and does not extend to reinstating employment post-candidature cancellation due to delays.
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