Court affirms the right to notional seniority and Old Pension Scheme benefits for an arbitrarily excluded candidate in landmark service law judgment.
In a significant ruling, the Jammu and Kashmir High Court has upheld the decision of the Central Administrative Tribunal, granting notional seniority and Old Pension Scheme benefits to Raghu Singh Jandla, a Junior Engineer (Electrical) Grade-II, wrongfully excluded from appointment due to arbitrary action by the appointing authority. The court's judgment emphasizes the constitutional right to equality and addresses the wrongful denial of employment opportunities.
The petitioner, Raghu Singh Jandla, was denied appointment under the RBA Category despite having secured higher marks than the last selected candidate in the same category during the 2007 and 2008 selection processes. The denial was based on the late submission of a category certificate, which the court later found to be unjust as the certificate was submitted before the selection process concluded.
Initially, the Tribunal had directed that Jandla's appointment be reckoned notionally from August 22, 2009, the date when other candidates were appointed, and called for his seniority and promotional benefits to be re-fixed accordingly. The Tribunal also held that Jandla should be governed under the Old Pension Scheme, which was in effect before the New Pension Scheme was implemented in January 2010.
The Jammu and Kashmir High Court, in its recent judgment, dismissed the writ petition filed by the State, affirming that arbitrary denial or delay by the appointing authority violates Article 14 of the Constitution of India. The court reiterated that candidates wrongfully excluded from appointments are entitled to notional seniority and consequential benefits to preserve their constitutional rights.
The court also referenced precedents, including the Supreme Court ruling in "C. Jayachandran v. State of Kerala" and "Sanjay Dhar v. Jammu & Kashmir Public Service Commission," underscoring the principle that wrongful exclusion due to the authority's arbitrary actions entitles candidates to notional seniority and related benefits.
The High Court's decision reinforces the legal principle that delays attributed to appointing authorities cannot penalize candidates, emphasizing the importance of maintaining the integrity of the selection process and upholding constitutional rights.
Bottom Line:
Service Law - Candidate wrongfully excluded from appointment due to arbitrary action of appointing authority is entitled to notional seniority and consequential benefits from the date similarly situated persons were appointed.
Statutory provision(s):
Article 14 of the Constitution of India, J&K Civil Services Rules, 1956 - Rule 24
