Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutory requirements.

JUDGMENT :

Rongon Mukhopadhyay, J.

Heard learned counsels for the parties.

2. Since common question of law and fact are involved in these writ applications they are being disposed of by this common order.

3. Before embarking on a threadbare discussion of the cases at hand it would be necessary to spell out the factual narration of each of these writ applications.

W.P.(S) No. 3297 of 2015

4. The petitioner in this writ application has prayed for the following reliefs:

(i) To quash/set aside the order dated 8th May 2015 passed by learned Central Administrative Tribunal, Circuit Bench, Ranchi (Patna Bench, Patna) in O.A. No. 150 of 2014, whereby and whereunder, the original application (O.A.) filed by the petitioner has been dismissed.

(ii) To allow the Original Application (O.A.) No.150 of 2014, as was filed by the petitioner before the learned Central Administrative Tribunal, Circuit Bench at Ranchi, by granting all the reliefs sought for therein.

(iii) For any other appropriate relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of this case as also to do conscionable justice to the petitioner.

5. An advertisement was issued by the respondent no. 1 company in daily newspaper “The Statesman” in July, 2008 for filling up the vacancies for the post of PR-cum-Staff Assistant (S-III Grade)/Jr. PR-cum-Staff Assistant (S-1 Grade) for various activities in connection with its corporate and social responsibilities. There were five vacancies which were to be filled up on the basis of the said advertisement and the last date of submission of the application form was 17.07.2008. It was mentioned in the advertisement that suitable persons who would be selected shall initially be on a casual basis against S-III/S-I Grade and depending on their attendance, performance and conduct etc., they may be regularized subsequently as per the rules. The petitioner being eligible for appointment to the said post applied for the same, whereupon, the respondent no. 6 vide letter No. 394 dated 31.07.2008 issued interview letter to the petitioner and the petitioner was directed to report for the interview on 20.08.2008 at New Delhi and a direction was also issued to bring certain documents mentioned in the said letter itself. Pursuant to the interview held on 20.08.2008 a letter was issued bearing letter No. 1328 dated 30.09.2008 by the Junior Manager (Personal/ Recruitment) for appointment to the post of PR-cum-Staff Assistant on casual basis against S-I Grade in Bokaro Steel Plant on payment of Rs. 256.32 per day. The petitioner was subjected to medical examination where he was found fit and subsequent thereto the petitioner had submitted his joining before the respondent-authority on 30.10.2008 to the post of PR-cum-Staff Assistant against S-III Grade. It has been stated that the petitioner was initially working at the Delhi office of the company since 13.10.2008 and subsequently vide office order dated 06.02.2009 the petitioner was transferred to SAIL-SPU-Betiya where he gave his joining on 12.02.2009, The petitioner was once again transferred and posted at SPU, Project Office at Bokaro vide office order No. 417 dated 12.05.2009. On consideration of the service rendered by the petitioner and in terms of the advertisement, the respondent-authority had issued office order dated 14.11.2009, by which, the petitioner has been regularized/appointed on the post of PR-cum-Staff Assistant in the pay scale of Rs. 4170-3%-6095 (S- III Grade) and the petitioner submitted