Jharkhand HC grants notional seniority to delayed-recruited TGT teachers, orders benefits within 12 weeks
SUMAN K SHRIVASTAVA Ranchi, July 10: The Jharkhand High Court has directed the state government to grant notional dates of appointment, seniority…
SUMAN K SHRIVASTAVA
Ranchi, July 10: The Jharkhand High Court has directed the state government to grant notional dates of appointment, seniority and consequential service benefits to a large number of Trained Graduate Teachers (TGTs) whose appointments under the Jharkhand Staff Selection Commission (JSSC) Advertisement No. 21 of 2016 were delayed despite candidates from the same recruitment process being appointed in 2019.
Allowing a batch of writ petitions, Justice Deepak Roshan held that the petitioners were deprived of timely appointments due to delays and lapses on the part of the State and not because of any fault on their part. The court directed the authorities to treat the date on which similarly placed candidates were initially appointed in their respective districts in 2019 as the notional date of appointment for the petitioners.
Court directs grant of seniority and service benefits
The High Court ordered the State to issue appropriate orders granting the petitioners notional appointments from the dates on which other candidates selected through the same recruitment process were appointed in their respective districts.
The petitioners will be entitled to all consequential service benefits, including seniority, annual increments and upgraded pay scales. However, the court clarified that they will not be entitled to back wages.
The State has been directed to complete the entire exercise within 12 weeks from the receipt or production of a copy of the judgment.
Delay linked to 2016 recruitment dispute
The petitioners were selected under JSSC Advertisement No. 21 of 2016 for the appointment of Trained Graduate Teachers in the History and Civics subjects in non-scheduled districts, including Palamau, Hazaribagh, Chatra, Bokaro, Giridih, Godda, Koderma, Dhanbad and Garhwa.
Although many candidates from the same recruitment process received appointments in 2019, the petitioners’ recommendations remained pending because of litigation arising from the State’s 2016 notification providing 100 per cent reservation based on domicile in scheduled districts.
The High Court noted that an earlier Full Bench judgment in the Soni Kumari case had made it clear that recruitment in non-scheduled districts had never been stayed. The Supreme Court later directed the State to prepare a revised merit list for the entire state based on individual merit.
State’s objection rejected
Rejecting the State’s contention that the petitioners could not claim parity with candidates appointed earlier in other districts, the court observed that the delay resulted from administrative lapses.
The court noted that although the recruitment was conducted through a common selection process, similarly situated candidates were issued appointment letters at different times, resulting in unequal treatment. It held that the petitioners were only seeking notional seniority and consequential service benefits without claiming back wages, making their claim legally sustainable.
Relying on previous decisions of the Supreme Court and earlier judgments of the Jharkhand High Court involving similarly placed employees, the court held that the petitioners deserved parity with candidates appointed through the same recruitment process.
Accordingly, all the writ petitions were allowed, and the State was directed to extend notional appointment, seniority and consequential benefits, excluding back wages, within 12 weeks.
