Order on Board

[ 14 /09/2021 ]

1. Petitioner has filed the present Writ Petition seeking for an appropriate direction to the Respondents to grant joining to the Petitioner on the post of Accounts Officer and with all consequential benefits and seniority.

2. According to Petitioner, he belongs to Other Backward Classes category. He had participated in the State Services Examination, 2015 pursuant to an Advertisement which was issued by Respondent No.3 on 2.12.2015 for recruitment under the State Services. He being eligible participated in the said examination. Merit list was published on 20.1.2017 and his name was included in the merit-list. Based on the merit-list, an order of appointment on the post of Accounts Officer was issued on 11.5.2017. In terms of the order of appointment, the Petitioner was granted 15 days' time for joining i.e. till 26.5.2017.

3. As per the Petitioner, since he was already in a government employment and was working as a Food Safety Officer in the office of the Controller, Food and Drugs Administration under the State of Chhattisgarh, he had moved an application before Respondent No.3 for grant of one month's time for joining. The said application was left unattended. Since there was no response from the Respondents, the Petitioner again moved an application on 28.6.2017 seeking for grant of further one month's time for joining on the new post, but the second application also was left unanswered and the Respondent Authorities proceeded further treating the Petitioner having not joined as in terms of the order of appointment issued in his favour. It is subsequently that the Petitioner has filed the present Writ Petition seeking for relief of permission to grant joining, with all consequential benefits and seniority.

4. Learned Panel Lawyer appearing for Respondent-State on the contrary opposing the Petition submits that once when the order of appointment is issued, unless an extension of time is granted, it is required that the candidate has to give his joining within the stipulated time, which in the instant case was mandatorily to be made within 15 days from the date of issuance of the order of appointment.

5. According to learned Panel Lawyer, in the instant case, since the Petitioner was already in a government employment and was working as a Food Safety Officer, he was reluctant to give his joining at that juncture and therefore the Petitioner now at a belated stage cannot be granted any relief.

6. Further contention of learned Panel Lawyer is that the order of appointment was issued on 11.5.2017 for joining by 26.5.2017, and therefore for all practical purposes, even if the Petitioner intended to seek extension for time, he should have moved an application immediately on receipt of the appointment order dated 11.5.2017 and should not have waited for 15 days and thereafter move an application on 15th day seeking extension of time, which shows mala fide on the part of the Petitioner and therefore it has to be inferred that the Petitioner was not serious in accepting the joining on the post of the Accounts Officer.

7. It is also the contention of learned Panel Lawyer that from the pleadings enclosed along with the Petition, it is evidently clear that the Petition being filed as late as on 21.9.2017, the Petitioner had almost more than four and half months at his disposal and, if at all, if he wanted to show his bonafide he would have at-least tendered his resignation to his employer where he was working and then could have sought for the extension of time for joining. In the absence of any such initiation on the part of the Petitioner, he cannot pray for any relief at this juncture. Learned Panel Lawyer thus prayed for the dismissal of the Writ Petition.

8. Having heard the contentions put forth on either side and on perusal of record, admittedly, the Petitioner had participated in the State Services Examination, 2015. He was found meritorious and an order of appointment was also issued on 11.5.2017. Undi