Sateyndra Kumar Tripathi Vs Jharkhand Public Service Commission and Another

Jharkhand High Court 11 Jul 2013 L.P.A. No. 348 of 2012 (2013) 07 JH CK 0018
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

L.P.A. No. 348 of 2012

Hon'ble Bench

S. Chandrashekhar, J; Narendra Nath Tiwari, J

Advocates

A.K. Sahani, for the Appellant; Rajesh Shankar, for the Respondent

Final Decision

Dismissed

Acts Referred
  • Constitution of India, 1950 - Article 16

Judgement Text

Translate:

1. This appeal is against the order dated 18.7.2012 passed by learned Single Judge in W.P. (S) No. 6024/2011. The said writ petition was filed challenging the order of the petitioner''s removal from service. The appellant''s case was that initially he was appointed on 1.10.2004 as Peon and allowed to continue as such till 31.3.2005. His services were further extended and he was posted as Typist-cum-Clerk on contract basis. By order dated 1.10.2011, the respondents-J.P.S.C terminated the term and the petitioner has been rendered jobless.

2. The appellant has assailed the said order on the ground that he was engaged on ad hoc basis and instead of making permanent appointment, the respondents have appointed other persons on ad hoc basis, by terminating the services of the petitioner. The order of his removal is wholly arbitrary, discriminatory and illegal.

3. Learned counsel appearing on behalf of the respondents-J.P.S.C. submitted that no ad hoc appointment was made for the same kind of job, as alleged. The instance cited by the appellant is that of the engagement of Computer Data Operators. The appellant never worked as Computer Data Operator. His services were taken as Typist-cum-Clerk. The said allegation is, thus, wholly baseless.

4. Having heard learned counsel and considered the facts and materials on record, we find substance in the submissions of learned counsel for the respondents. Learned Single Judge has found that the appellant was appointed without following the legal procedure of public appointment in violation of Article 16 of the Constitution of India.

5. The order of learned Single Judge is well discussed, sound and legal.

6. We find no infirmity in the impugned order of learned Single Judge. This appeal is, accordingly, dismissed.

From The Blog
Section 87A rebate STCG new tax regime
Nov
04
2025

Court News

Section 87A rebate STCG new tax regime
Read More
Power of Attorney validity India
Nov
04
2025

Court News

Power of Attorney validity India
Read More