{"id":223071,"date":"2009-12-14T00:00:00","date_gmt":"2009-12-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ranjana-kumari-ors-vs-state-of-jharkhand-ors-on-14-december-2009"},"modified":"2015-05-16T11:42:27","modified_gmt":"2015-05-16T06:12:27","slug":"ranjana-kumari-ors-vs-state-of-jharkhand-ors-on-14-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ranjana-kumari-ors-vs-state-of-jharkhand-ors-on-14-december-2009","title":{"rendered":"Ranjana Kumari &amp; Ors. vs State Of Jharkhand &amp; Ors. on 14 December, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Jharkhand High Court<\/div>\n<div class=\"doc_title\">Ranjana Kumari &amp; Ors. vs State Of Jharkhand &amp; Ors. on 14 December, 2009<\/div>\n<pre>              IN THE HIGH COURT OF JHARKHAND AT RANCHI.\n                        W.P.(S). No. 115 of 2007\n                                     ...\n             1.  Ranjana Kumari\n             2.  Chandra Shekhar Yadav\n             3.  Madan Mohan Prasad\n             4.  Renu Kumari\n             5.  Kumari Swetambara\n             6.  Arjun Kumar\n             7.  Dinesh Mahto                                         ...      Petitioners\n                                    -V e r s u s-\n              1. The State of Jharkhand\n              2. The Principal Secretary, Department of Human\n                 Resource Development, Jharkhand, Ranchi\n              3. The Director, Primary Education Directorate, Department\n                 of Human Resource Development, Jharkhand, Ranchi\n              4. The District Superintendent of Education, Ranchi        ... Respondents\n                                             ...\nCORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.\n                                             ...\n              For the Petitioner     : - Mr. Rajesh Kumar, Advocate\n              For the Respondents : - J.C. to G.P.-III.\n                                             ...\n08\/ 14.12.2009<\/pre>\n<p>        Heard counsel for the parties.\n<\/p>\n<p>             2.      The grievance of the petitioners is that after having issued letters of<br \/>\n             appointment to them, the respondents, by the impugned letter, have<br \/>\n             terminated the services of the petitioners, which act on the part of the<br \/>\n             respondents, according to the petitioners, is illegal, arbitrary and contrary to<br \/>\n             the principles of natural justice.\n<\/p>\n<p>             3.      In response to the advertisement issued by the State Government<br \/>\n             through the J.P.S.C. for filling up the vacancies in the post of trained<br \/>\n             teachers, the petitioners had submitted their applications. In consonance with<br \/>\n             the requirements as contained in the advertisement, the petitioners had<br \/>\n             enclosed the certificates pertaining to their claim for reservation in the<br \/>\n             Scheduled Caste category. When the applications were received, petitioners<br \/>\n             like several others, were issued admit cards and they were allowed to appear<br \/>\n             at the written examination followed by interview and finally a merit list was<br \/>\n             published in which the names of the petitioners have also transpired.\n<\/p>\n<p>             4.      However, on final scrutiny of documents, it was found that the<br \/>\n             petitioners had produced caste certificates which they had obtained from the<br \/>\n             concerned authorities in the State of Bihar. Upon an objection being taken<br \/>\n             against such certificates, the petitioners produced fresh certificates which<br \/>\n             they had obtained from the competent authority in the State of Jharkhand.<br \/>\n             Upon receiving such certificates, the concerned department had sought for a<br \/>\n             guideline from the department head as to whether the certificates produced<br \/>\n             subsequently by the petitioners should be accepted or not. It appears that by<br \/>\n             way of clarifications and instructions, the department head had issued a<br \/>\n             clarificatory letter under which instruction was issued to verify the<br \/>\n             genuineness of all such certificates which the candidates had produced after<br \/>\n obtaining the same from the competent authorities of the State of Jharkhand<br \/>\nand then, if the certificates were found genuine, to proceed further.\n<\/p>\n<p>       It further appears that the certificates which were produced by the<br \/>\npetitioners, were subjected to verification and upon being found genuine,<br \/>\nletters of appointment were issued to each of the petitioners. However, on<br \/>\nperusal of letter of appointment, it appears that the same was issued<br \/>\nindicating that the letter of appointment was issued temporarily and subject to<br \/>\nfurther scrutiny of the certificates and other testimonials which the petitioners<br \/>\nhad submitted.\n<\/p>\n<p>5.     It appears that a similar controversy in respect of the caste certificate<br \/>\nwhich the several candidates had produced and which were obtained from the<br \/>\nconcerned authorities of the states other than Jharkhand, when not being<br \/>\naccepted by the respondents, was referred to a Bench of this Court and<br \/>\nsubsequently the matter came up for consideration before a Division Bench<br \/>\nof this Court in the case of Kavita Kumari &amp; Others vide W.P.(S) No. 578 of<br \/>\n2004 and analogous cases.\n<\/p>\n<p>       After considering the entire issues involved, this Court had recorded<br \/>\nits observations along with its directions in the following terms :-\n<\/p>\n<blockquote><p>                        &#8220;It has been brought to our notice that many persons<br \/>\n                 though have enclosed the caste certificates, issued by the<br \/>\n                 district authorities of the State of Bihar, in the writ petitions<br \/>\n                 certain certificates, issued by the district authorities of the<br \/>\n                 State of Jharkhand, have also been enclosed to suggest that<br \/>\n                 they belong to the State of Jharkhand. Such individual cases<br \/>\n                 cannot be scrutinized by this Court nor such claim can be<br \/>\n                 determined, which can be taken care of by the competent<br \/>\n                 authorities of the State. If any certificate, enclosed by one or<br \/>\n                 other petitioner, issued by the district authorities of the State<br \/>\n                 of Jharkhand prior to submission of the application forms,<br \/>\n                 has been enclosed, then the authorities may consider the<br \/>\n                 case of such person for appointment against the reserved<br \/>\n                 categories, if it is found that such person belongs to the State<br \/>\n                 of Jharkhand. But those, who have enclosed the certificates,<br \/>\n                 issued by the district authorities, now fall within the State of<br \/>\n                 Bihar, or the certificates, issued by the district authorities of<br \/>\n                 Uttar Pradesh or any other State, cannot claim reservation<br \/>\n                 for appointment in the services of the State of Jharkhand.<br \/>\n                 Similarly, those, who have obtained certificates from the<br \/>\n                 district authorities of the State of Jharkhand after the last<br \/>\n                 date of filing of the application form, those certificates also<br \/>\n                cannot be taken into consideration to grant benefit of<br \/>\n               reservation&#8221;.\n<\/p><\/blockquote>\n<p>6.     It appears that in the light of the above observations and declarations<br \/>\nas contained in the Division Bench judgement of this Court, the respondent<br \/>\nState had terminated the appointment of the petitioners vide the impugned<br \/>\nletter and against which the petitioners are aggrieved.\n<\/p>\n<p>7.       Learned counsel for the petitioners would submit firstly that the<br \/>\ndirections as contained in the Division Bench judgement of this Court in the<br \/>\ncase of Kavita Kumari (Supra) would not apply to the present petitioners<br \/>\nsince the present petitioners were not impleaded as party in the earlier writ<br \/>\napplications. Secondly, the petitioners had declared from the very beginning<br \/>\neven in their respective application forms, that they are residents of the State<br \/>\nof Jharkhand. Although they had initially submitted caste certificate issued by<br \/>\nthe concerned authorities of the State Bihar along with their application<br \/>\nforms, but subsequently on being insisted upon, they had obtained their caste<br \/>\ncertificates issued by the appropriate authorities in the State of Jharkhand.<br \/>\nThe petitioners, have therefore the support of two factors firstly, that they are<br \/>\npermanent residents of Jharkhand and secondly, that they had obtained caste<br \/>\ncertificates issued by the authorities concerned in the State of Jharkhand.\n<\/p>\n<p>8.     Per contra, the counsel for the         respondents would argue that<br \/>\nadmittedly, though appointment letters were issued to the petitioners but the<br \/>\nsame was declared as temporary and made subject to further scrutiny of the<br \/>\ntestimonials attached by the petitioners to their respective applications.<br \/>\nAdmittedly the petitioners did not submit their caste certificates issued by any<br \/>\ncompetent authority of the State of Jharkhand along with their individual<br \/>\napplications. Rather, the certificates which they had enclosed along with their<br \/>\nrespective applications were though issued by the authorities other than those<br \/>\nof the State of Jharkhand. It is further explained that since the petitioners had<br \/>\nsubmitted caste certificates subsequently after obtaining the same from the<br \/>\nconcerned authorities of the State of Jharkhand, the appointment letters were<br \/>\nissued to them in consonance with the instructions received from the head of<br \/>\ndepartment but later, when the position was duly clarified by the observations<br \/>\nand directions contained in the order of the Division Bench of this Court in<br \/>\nthe case of Kavita Kumari (Supra), the respondents had no option but to<br \/>\ncancel the appointment letters of the petitioners on the ground that they had<br \/>\nnot submitted their caste certificates obtained from the competent officers of<br \/>\nthe State of Jharkhand along with their respective application forms.\n<\/p>\n<p>9.     Having heard learned counsel for the parties and having gone through<br \/>\nthe records, I am of the opinion that the petitioners have not been able to<br \/>\nmake out a definite case for grant of the reliefs as claimed for by them in this<br \/>\nwrit application.\n<\/p>\n<p> 10.    The directions as issued by the Division Bench of this Court are clear<br \/>\nand specific and the same would apply in general, to all similarly situated<br \/>\ncandidates and cannot be treated as confined only to the writ petitioners<br \/>\nwhose cases were considered by the Division Bench. Admittedly, the<br \/>\npetitioners had not submitted their caste certificates issued by any competent<br \/>\nauthority within the State of Jharkhand along with their application forms.<br \/>\nSuch caste certificates were obtained much later. In the direction as issued by<br \/>\nthe Division Bench in the case of Kavita Kumari, it has been strictly<br \/>\nstipulated that those candidates who have obtained certificates from the<br \/>\ndistrict authorities of the State of Jharkhand after the last date of filing of the<br \/>\napplication form, those certificates also cannot be taken into consideration to<br \/>\ngrant benefit of reservation. This gives sufficient ground to the respondents<br \/>\nto cancel the appointment letters issued to the petitioners.\n<\/p>\n<p>11.    As regards the contention of the petitioners that before issuing the<br \/>\ntermination letter, the petitioners have not been informed by any prior notice,<br \/>\nsuch Rule, in my opinion, would not apply to the petitioners&#8217; case in view of<br \/>\nthe fact that admittedly the letters of appointment issued to them were purely<br \/>\ntemporary, as declared in the individual letters.\n<\/p>\n<p>       As regards the claim of the petitioners that by virtue of letters of<br \/>\nappointment, the petitioners had reported their joining and their services were<br \/>\ncontinuously taken from the date of their appointment till the date of issuance<br \/>\nof the impugned letter of termination, for a period of more than four years,<br \/>\nand yet the petitioners are not being paid any salary or any wages whatsoever,<br \/>\nthe respondent authorities shall have to consider this aspect in accordance<br \/>\nwith the demands of equity and natural justice. Apparently, at the time when<br \/>\nthe letters of appointment were issued to the petitioners, the respondent<br \/>\nauthorities did not maintain any reservation as regards the caste certificates<br \/>\nand other testimonials produced by the petitioners and had proceeded to issue<br \/>\nletters of appointment and to engage the services of the petitioners. It was<br \/>\nonly after the judgement of the Division Bench of this Court in the case of<br \/>\nKavita Kumari (Supra) that certain directions\/guidelines were declared and<br \/>\nthe respondents appear to have realized that the appointment letters issued to<br \/>\nthe petitioners was improper. However, in view of the fact that the petitioners<br \/>\ndid not voluntarily offer their services gratuitously and for all purposes they<br \/>\nhad rendered services only in expectation of being paid their remuneration for<br \/>\nthe services rendered, the petitioners cannot be deprived of their legitimate<br \/>\nclaim for salary\/wages for the period for which their services were taken by<br \/>\nthe respondents.\n<\/p>\n<p>12.    Under the circumstances, this application is disposed of with a<br \/>\ndirection to the respondents to pay the stipulated salary\/wages to the<br \/>\npetitioners for the period during which their services were engaged. Such<br \/>\n             payment has to be made by the respondents within a period of two months<br \/>\n            from the date of receipt\/production of a copy of this order.\n<\/p>\n<p>                   Let a copy of this order be given to the counsel for the respondent<br \/>\n            State who, within 24 hours of the receipt of the copy of this order, shall<br \/>\n            forward the same to the concerned authorities of the respondents including<br \/>\n            the respondent Nos. 2, 3 and 4.\n<\/p>\n<p>                                                                 (D.G.R. Patnaik, J.)<br \/>\nBirendra\/\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Jharkhand High Court Ranjana Kumari &amp; Ors. vs State Of Jharkhand &amp; Ors. on 14 December, 2009 IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P.(S). No. 115 of 2007 &#8230; 1. Ranjana Kumari 2. Chandra Shekhar Yadav 3. Madan Mohan Prasad 4. Renu Kumari 5. Kumari Swetambara 6. Arjun Kumar 7. Dinesh Mahto &#8230; [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-223071","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Ranjana Kumari &amp; Ors. vs State Of Jharkhand &amp; Ors. on 14 December, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ranjana-kumari-ors-vs-state-of-jharkhand-ors-on-14-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ranjana Kumari &amp; 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