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S. N. PATHAK
Ashok Kumar Singh, Son of Raghunandan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S. N. Pathak, J.
Heard the parties.
PRAYER
2. The petitioner has prayed for quashing of Advertisement dated 10.02.2022 (Annexure-5). Petitioner has further prayed for a direction upon the respondents to pay salary from 15.12.2021 to 03.02.2022 i.e. for the period when he was allowed to work and continued as per the instruction of Dean, Faculty of Forestry, Birsa Agricultural University. Petitioner has also prayed for a direction upon the respondents to allow him to continue in service by giving extension and further to allow him to join the post.
FACTS OF THE CASE
3. According to the petitioner, he was appointed on 15.12.2020 after following due process of law in terms of advertisement/walk-in-interview on contract basis for the post of Assistant Professor-cum-Junior Scientist. Petitioner made his joining on 15.12.2020 and the same was duly accepted. Thereafter, pursuant to letter dated 26.08.2021, the service of the petitioner was extended for a period of six months. After completion of extended period, petitioner was allowed to work till 03.02.2022 by verbal order of the Dean in expectation that his extension of contract will be continued. Thereafter, a fresh Advertisement d
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
Service - Recruitment/Ineligibility/Age bar - age limit has been clearly prescribed as 56 years and method of recruitment as deputation till attaining the age of 62 years - Rules of 2019 already in f....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
Judicial review can intervene in government policy decisions if deemed arbitrary or discriminatory, particularly concerning age limits affecting employment eligibility.
Employment cannot be claimed as legal if the appointment violated established recruitment age criteria, regardless of prior service or the rules governing age relaxations.
The authority to issue recruitment advertisements for Village Agricultural Workers lies solely with the Director of Agriculture, and any deviation renders the process unlawful.
Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
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