Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Appointment - Recruitment - Candidate in wait-list - Claiming appointment, in view that candidate above him in the merit list did not join - His writ petition disposed of directing the appellant-State to examine the claim - State rejected the claim - Contempt petition - Disposed of holding that the candidate deserved to be appointed and directing the State to consider the case and pass orders in accordance with the order of the Court - LPA by State - Dismissed as not maintainable - On appeal, held: In the facts of the case, the candidate deserved to be appointed to the post - The offer of appointment would relate back to the permissible date contemplated under rules laying down conditions of service of the cadre - The candidate entitled to seniority immediately below those who were appointed from the same process of selection - He would be entitled to wages from the date of the order.The respondent participated in the selection process for the post of Junior Engineer (Civil) Grade-II, and figured in the final merit/select list of Scheduled Caste candidates. On coming to know that some scheduled Caste candidates above him in the merit list had not joined inspite of having been offered appointment, he addressed a representation seeking appointment against an available vacancy. He specifically named a candidate 'T', in the merit list, who did not join despite being offered appointment. As the representation remained undecided, the respondent filed writ petition before High Court. The appellant-State did not appear before the Court. High Court disposed of the petition and directed the appointing authority to examine the claim of the respondent. The appellants dismissed the claim of the respondent taking the view that the vacancies cannot be filled at the belated stage; and that the appointment could not have been granted in accordance with the waiting list, as the same had outlived its validity. The respondent filed contempt petition against the order. High Court disposed of the petition holding that the respondent deserved to be appointed and directed the appellant-State to consider the issue and pass orders in accordance with the judgment of the Court. Appellants filed LPA taking the plea that the directions in the nature recorded by High Court was not permissible in exercise of contempt jurisdiction. Division Bench of High Court dismissed the appeal as not maintainable. Hence the present appeal. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 75 |
Petitioner | State Of J & K And Ors. |
Respondent | Sat Pal |
SCR | [2013] 2 S.C.R. 648 |
Judgement Date | 2013-02-05 |
Case Number | 938-939 |
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