Case Note & Summary
The petitioners, 27 in number, applied for the post of Lokrakshak in the ST category pursuant to an advertisement published between 15.8.2018 and 7.9.2018. They were selected but their appointment orders were not issued because their caste certificates were pending scrutiny before the Scrutiny Committee. Consequently, they filed Special Civil Application No.22111 of 2019, which was disposed of with a direction to the respondent authorities to decide the representation of the petitioners. The petitioners then filed the present petition seeking appointment from the same date as their colleagues who were appointed earlier, and for continuity of service benefits. The Court, noting that the petitioners were selected and their caste certificates were subsequently verified, held that the delay in scrutiny should not prejudice the petitioners. The Court directed the respondent authorities to consider the appointment of the petitioners from the same day as their colleagues were appointed, as per the notification dated 16.12.2019 and the order in Special Civil Application No.22111 of 2019, and to grant them the benefit of continuity of service.
Headnote
A) Service Law - Appointment - Caste Certificate Scrutiny - Delay - The petitioners, selected for the post of Lokrakshak pursuant to an advertisement published in 2018, were not issued appointment orders because their caste certificates were pending scrutiny before the Scrutiny Committee. The Court held that the petitioners cannot be made to suffer for the delay in scrutiny and directed that they be appointed from the same date as their colleagues who were appointed earlier, in accordance with the order passed in Special Civil Application No.22111 of 2019. (Paras 3-5) B) Service Law - Seniority - Continuity of Service - The Court directed that the petitioners be granted the benefit of continuity of service from the date of appointment of their seniors, ensuring that they are not disadvantaged by the delay in issuance of appointment orders due to caste certificate scrutiny. (Para 5)
Issue of Consideration
Whether the petitioners, who were selected for the post of Lokrakshak but whose appointment orders were delayed due to pending scrutiny of their caste certificates, are entitled to appointment from the same date as their colleagues who were appointed earlier pursuant to the same advertisement.
Final Decision
The petition is allowed. The respondent authorities are directed to consider the appointment of the petitioners from the same day as their colleagues were appointed, as per the notification dated 16.12.2019 and the order in Special Civil Application No.22111 of 2019, and to grant them the benefit of continuity of service. Rule is made absolute.
Law Points
- Caste certificate scrutiny delay cannot deprive selected candidates of seniority and continuity of service
- Appointment must be effective from the date of appointment of similarly situated colleagues
- Article 14 and 16 of Constitution of India
