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RAJESH SHANKAR
Deepak Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition has been filed for issuance of direction upon the respondents particularly respondent no.5 to adjust the petitioner on the post of Clerk in view of the order dated 06.08.2019 passed by this Court in W.P. (S) No.3305/2008 earlier preferred by the petitioner and to allow him to join the said post at suitable place. Further prayer has been made for issuance of direction upon the respondents to pay all monetary benefits of the said post to the petitioner.
2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of clerk vide order as contained in memo no.1138 dated 30.08.1978 issued by the In-charge, Medical Officer, District Family Planning Bureau, Munger and he joined at Primary Health Centre, Rani Shakarpura, District- Khagaria. Subsequently, he was transferred to the office of the Civil Surgeon-cum-Chief Medical Officer, Sahibganj-the respondent no.5, by the order as contained in letter no.699 dated 02.09.1989 issued by the Regional Deputy Director, Health Services, Bhagalpur Division, Bhagalpur where he joined on 07.11.1989, but he was not posted at any place. Aggrieved thereby and for relea
The court ruled that claims for employment adjustment must be timely and supported by sufficient evidence, particularly when initial appointments are disputed.
Authority lacks jurisdiction to retroactively disown approved appointments without due process, affirming the necessity of natural justice and protecting vested rights established through service.
The court emphasized the need for timely processing of compassionate appointments and ruled against arbitrary retrospective cancellations, recognizing the petitioner's entitlement to benefits for the....
Claims for regularization and back wages can be barred by delay and laches if no satisfactory explanation for the delay is provided.
The main legal point established is that petitioners appointed on compassionate grounds are entitled to the regular scale of pay from their initial date of appointment based on relevant Government Re....
Individuals reporting for duty, but not assigned tasks, cannot be denied salary, affirming that appointment dates should effectively relate to the dates juniors were appointed.
The departmental/disciplinary proceeding initiated against the petitioner was deemed to have lapsed upon his superannuation, and the court directed the appropriate Government to consider and decide t....
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