The Jharkhand High Court has directed the state government to grant notional appointment from 2019 and extend all consequential service benefits, except back wages, to a batch of Trained Graduate Teachers (TGTs) whose appointments were delayed despite being selected through the same recruitment process.
The bench of Justice Deepak Roshan passed the order while allowing a batch of writ petitions filed by Ajay Kumar and others. The petitioners had participated in the recruitment process initiated through the advertisement issued in 2016 and contended that although similarly placed candidates in several districts were appointed in 2019, they were made to wait until late 2021 because of administrative delays, despite there being no fault on their part.
The petitioners argued that their results and recommendations were kept in abeyance due to the actions of the authorities, forcing them to approach the High Court. They eventually secured appointments only after judicial intervention. Seeking parity with other selected candidates, they prayed for notional appointment from 2019 along with seniority, annual increments, revised pay scales, and other consequential benefits.
After hearing the matter, the court held that the delay in appointments was entirely attributable to the state and its authorities and not to any lapse on the part of the petitioners. It observed that candidates selected through the same recruitment process could not be discriminated against merely because their appointments were delayed due to administrative reasons.
Relying on the Full Bench judgment of the Jharkhand High Court in Soni Kumari and the Supreme Court’s ruling in Satyajit Kumar vs State of Jharkhand, the court reiterated that similarly situated candidates are entitled to equal treatment and that delayed appointments should not deprive them of seniority and other service benefits.
Accordingly, the High Court directed the respondents to treat 2019—the year when appointments were made in the respective districts—as the petitioners’ notional date of appointment. It ordered the state to extend all consequential benefits, including seniority, annual increments, and upgraded pay scales, while clarifying that no back wages would be payable.
The entire exercise has been directed to be completed within 12 weeks from the date of receipt or production of the court’s order.
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