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2023 DIGILAW 460 (JHR)

Sunil Das v. State of Jharkhand

2023-03-31

ANANDA SEN, SANJAYA KUMAR MISHRA

body2023
ORDER : (Ananda Sen, J.) 1. This intra-Court appeal under Clause 10 of the Letters Patent Appeal is at the instance of the writ petitioner, challenging the order dated 9.12.2020 passed in W.P.(S) No. 7318 of 2019, whereby, the writ petition, preferred by the petitioner, has been dismissed. 2. The writ petitioner applied for appointment pursuant to the advertisement No. 06/2013, published by Jharkhand Public Service Commission (JPSC), whereby the applications were invited for the 5th Combined Civil Services (PT) Examination, 2013. The petitioner being a successful candidate, both in mains and interview, was recommended for “Jharkhand Administrative Service”. The petitioner was appointed vide Notification dated 14.6.2016 and was directed to join by 15.6.2016. The petitioner prayed for extension of his joining on the ground that his previous employer was not relieving him. The date of joining was extended till 31.12.2016. The writ petitioner did not joint and again vide application dated 5.6.2017 prayed for extension of date of his joining on personal ground. Again other two applications dated 13.11.2017 and 22.3.2018 were also filed by the writ petitioner to extend his date of joining. 3. It is the case of the writ petitioner that without considering these applications, wherein prayer was made for extension of date of joining, his candidature was cancelled vide letter dated 21.5.2018 on the ground that he failed to join. The writ petition, challenging the said action of the respondents, was also dismissed. 4. After hearing the parties, we find that the writ petitioner was selected and appointed vide Notification dated 14.6.2016. Admittedly, the writ petitioner sought for several extensions for date of joining and he did not even join till the order impugned dated 21.5.2018 was passed. From perusal of order of canceling the appointment of the petitioner, it is clear that inspite of several opportunities, provided to the petitioner to join the post, he failed. 5. Since the petitioner failed to join for a period of two years, the respondent authorities have rightly rejected the appointment of the petitioner. Thus, there is no error in the impugned order dated 9.12.2020 passed in WP(S) No. 7318 of 2019 by the learned Single Judge, diminishing the writ petition. We find no merit in this appeal. Accordingly, the same is dismissed.