Allowed

Swati v. the State of Bihar and Ors.

Patna HC23 Apr 2009CWJC/5207/2009

Case brief

AI extract

What is this about?

This single-judge writ petition concerned a petitioner empanelled for compassionate appointment whose joining was denied. The court observed that empanelment does not create an absolute right but requires valid reasons for rejection. The State was directed to either accept the joining or pass a reasoned order.

What did the court decide?

Respondents directed to either accept the petitioner's joining or pass a reasoned and speaking order for non-appointment within 12 weeks.

Swati Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.5207 of 2009
 SWATI
 Versus
 THE STATE OF BIHAR & ORS
 -----------

¶2

23.04.2009 Heard learned Counsel for the petitioner, learned Counsel for the State and the learned Counsel for the Tilka Manjhi Bhagalpur University.

¶3

The petitioner contends that she has been considered for appointment on compassionate ground, her name has been included in the panel and she stands at serial 2, notwithstanding which her joining was not being accepted.

¶4

The law stands well settled that mere empanelment may create no right for appointment. Likewise a right to join under a letter of appointment may also be declined. But this has to be for valid and justified reasons in law as otherwise, the action is liable to be struck down as arbitrary.

¶5

The writ application is disposed with the observation that the respondents are required to either accept the joining of the petitioner in pursuance of her empanelment/appointment or pass a reasoned and speaking order for which they are not inclined to give her the benefits of empanelment/appointment.

¶6

Let the same be done within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order.

¶7

Snkumar/-

¶8

(Navin Sinha,J.)

Swati v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Swati v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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