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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Sheo Pujan Singh, son of Late Sita Ram Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. irregular daily wager appointments without advertisement or rules. (Para 2 , 7 , 10) |
| 2. prior orders mandated equal pay and absorption consideration. (Para 3) |
| 3. no state liability; arrears paid; prior petitions dismissed. (Para 4 , 5 , 6) |
| 4. distinguished from sanctioned post case; salary arrears fulfilled. (Para 8 , 9 , 11) |
| 5. backdoor appointments violate articles 14 and 16 equality. (Para 12 , 13 , 14 , 15) |
| 6. no interference warranted; writ petition dismissed. (Para 16) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. A.K. Sahani, learned counsel appearing for the petitioners, Mr. S.P. Roy, learned counsel appearing for the State of Bihar, Mr. Sushant Kumar, learned counsel appearing for the State of Jharkhand and Ms. Shreesha Sinha, learned counsel appearing for respondent nos. 5 and 6.
2. This writ petition has been filed for quashing the Office Orders dated 18.07.2002, whereby, the petitioners have been discharged from services and the second prayer is made to pay arrears of salary to the petitioners due since April, 1999.
3. Mr. A.K. Sahani, learned counsel appearing for the petitioners submits that the petitioner nos.1 to 7 have been appointed on different posts as
Irregular daily wager appointments without advertisement violate Articles 14 & 16; no regularization or reinstatement even with prior equal pay directions; termination upheld as backdoor entries depr....
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
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 statutor....
The central legal point established in the judgment is that appointments to public offices must adhere to the principles of equality of opportunity and fair selection processes as prescribed by law.
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