Shashi Bhushan Kumar, son of Sri Rajendra Ram v. State of Jharkhand through the Secretary/Principal Secretary, School Education & Literacy Department
2018-01-24
AMITAV K.GUPTA, D.N.PATEL
body2018
DigiLaw.ai
ORDER : D.N. PATEL, J. 1. This Letters Patent Appeal has been preferred by the original petitioner whose W.P.(S) No. 7178 of 2016 was dismissed by the learned Single Judge vide order dated 6th March, 2017, whereby, challenge to the provisional seniority list was not accepted by the learned Single Judge because the provisional list has been finalised and has also been published on 28th January, 2017. Reasons:- 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is the original petitioner. He is working as Intermediate Trained Assistant Teacher. 3. It further appears from the facts of the case that initially respondent-State has published provisional seniority list of the post, in question on 21st November, 2016. The objections were invited from the concerned persons. This appellant (original petitioner) has also filed an objection on 5th December, 2016. 4. It also appears that after inviting objections and considering the totality of the circumstances, now the respondent-State has published final seniority list dated 28th January, 2017, which is annexed at Annexure-8 to the memo of this Letters Patent Appeal. 5. This final seniority list is never challenged by this appellant. Thus, this appellant has accepted the validity of final seniority list dated 28th January, 2017. 6. No error has been committed by the learned Single Judge while deciding the writ petition preferred by this appellant (original petitioner), where only provisional seniority list of the post in question was under challenge. Once the seniority list is finalised, provisional list is always tentative in nature and, hence, it cannot be challenged by this appellant. Hence, there is no substance in this Letters Patent Appeal, the same is, therefore, dismissed with a cost of Rs.10,000/-(Rupees Ten Thousand). This amount will be deposited by this appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund.
Hence, there is no substance in this Letters Patent Appeal, the same is, therefore, dismissed with a cost of Rs.10,000/-(Rupees Ten Thousand). This amount will be deposited by this appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund. This amount will be deposited in Bank A/c No. 3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of four weeks from today towards Juvenile Justice Fund, failing which, the amount of cost will be deducted in five equal monthly installments from the salary of this appellant by the respondent-State and the same will be deposited towards Jharkhand Juvenile Justice Fund, which will be utilized for the welfare of the juveniles as per the duties assigned by the State in the Juvenile Justice Act. 7. Copy of this order will be sent to the: (i) Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi; and (ii) Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi. 8. This Letters Patent Appeal is, hereby, dismissed. Petition dismissed.