Case Title: Anil Kishore pandit versus The state of Bihar and others
Case No: Civil Appeal No.1566 of 2024
Decided on: February 02,2024
Quorum: Hon’ble Ms.Justice Hima Kohli and Hon’ble Mr. Justice Ahsanuddin Amanullah
Facts of the case:
The District Employment Officer, West Champaran, Bettiah, issued a memo on October 13, 2011, requesting applications from qualified individuals for the position of amins according to a contract. For the Economic Backward Class 3 category, the age cut off date for the District level vacancy was set at 40 years old as of January 1, 2011 for both men and women. The appellant responded to the October 13, 2011, advertisement by applying for the specified position. There is no question about the appellant’s age as of January 1, 2011, which was 39 years, 11 months, and 27 days. That is to say the petitioner was eligible. The age requirements for the advertised topic. According to the records, on November 15, 2011, another notice was posted on the Notice Board of the Collectorate, West Champaran, in response to a letter 4 that was later sent by the Principal Secretary of the Revenue and L.R. Department, Government of Bihar. The notice stated that interested parties could apply until November 30, 2011.The appellant showed up on January 22, 2012, for the written exam. After that, his name was put at Serial No. 2 on a merit list that was created for counseling. On December 4, 2012, the District establishment created a selection list. His name was listed under Serial No. 9, while Respondent No. 8’s name was listed under Serial No. 11. The appellant’s candidature was withdrawn due to his age, as stated in the notes column. The appellant, who was upset by the aforementioned, unsuccessfully requested that the outcomes be corrected in a representation made to the District Magistrate.
Appellant Contentions:-
The appellant has submitted the representation to the district court for reconsidering of the result. But there is no use. Then the appellant has filed the writ petition before the High court with a direction issued to the collector to examine his grievance. That the entire selection process has been carried on basis of treating the cut off. Learned counsel for the appellant has said that the division bench ignored the date of advertisement which was mentioned the cut off in 1st January,2011.The respondents changing the cut off was not given in the advertisement but was places in notice board if collector office. It was not the procedure to be done.
Respondent Contentions:-
The respondent did not issue a communication after giving public advertisement fixing the cut off date for the ae of candidates. It was based on discussion which was done internally with in the department and they decided to give a fresh notice changing the date .The earlier advertisement which was given by the respondent gas been applied by the appellant. Based on the advertisement his age was permitted . He was in starting number in selection list and he was also appointed for the post .
Court Analysis and Judgement:-
The court said that the impunged judgement has been quashed and set aside. It is deemed appropriate to set the clock back and uphold the earlier order passed by the respondent appointing the appellant to the post of amin by the reckoning age of candidates in EBC category as 40 years. The appointment of the appellant has been restored from the date of his initial appointment without any break. And the appellant would give all the notional benefits except the actual wages. He will not be discharged from his duties to the said post for all these years. A letter has been given that the reappointment of the appellant to the post which was issued by the respondent on the above terms which was given within two weeks from today. The appeal has been allowed.
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Judgement Analysis Written by – K.Immey Grace
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