Offer of appointment for no fault of mine
Guest
(Querist) 05 July 2014
This query is : Resolved
hi,i was given appointment as civil judge in general category in dec 27 ,2013.i joined on 9-2014.i am presently undergoing academic training since last 6 months.however recently a writ petition has been filed against me by a girl belonging to the reserve (sc) category that the seat allotted to me should have been allotted to another guy belonging reserve(SC)category because he has secured more marks than me in the examination and interview and despite that he has been given appointment on reserve(SC)category seat.And the seat belonging to the guy in reserve(sc) category should have been allotted to her as she is kept in the waiting list.Now I know that my appointment is erroneous( according to law laid down in Ramesh ram and othrs vs union of india a meritorious reserve category csndidate should be given seat in the general category) but I was offered appointment without any fault on my part.a judge's appointment is made by state govt in consultation with high court and public service commission.they erred in giving appointment.now my question is can I be removed from service without any fault on my part.i have already spend more than 6 months in training.as a result of my appointment I could not appear in judicial exam of 2014.so in short my 1 more year was wasted. now my question is what defence is available to me for saving my job?also if I am removed from judicial service can I claim damages as I was not at fault it was the govt,public service commission and high court which were at fault while making my appointment.i never asked for any appointment.it was they who offered me appointment.if yes how much damages can be awarded to me?i am yet to file my reply in the writ petition filed against me.if there is any law in my favour for saving my job kindly provide me the citation.thank you
Devajyoti Barman
(Expert) 05 July 2014
If your appointment is faulty then you can not seek any damages. You enjoyed the fruit and now want cake and eat it too.
Without getting into the contents of the writ petition, the merit and outcome of the case can not be predicted.
Kumar Doab
(Expert) 06 July 2014
Agreed with Mr. Barman.
Consult a lawyer with all docs on record.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
can I be removed from service without any fault on my part. i have already spend more than 6 months in training
Ans : Yes administrative wrong can be corrected.
as a result of my appointment I could not appear in judicial exam of 2014.
so in short my 1 more year was wasted. now my question is what defence is available to me for saving my job?
Ans : The concept of legitimate expectation is in your favour
also if I am removed from judicial service can I claim damages as I was not at fault it was the govt,
public service commission and high court which were at fault while making my appointment.
Ans : No. If removed it is merely correction of administrative wrong and that too in a short time.
ajay sethi
(Expert) 06 July 2014
no you cannot seek any damages . it is necessary to go through WP filed against you to advice
P. Venu
(Expert) 06 July 2014
Prima facie, the WP is yet to be decided there is no imminent threat to your employment. You may file the reply explaining that you had been appointed in due course and that you have no knowledge of the irregularities as alleged in the WP.
I feel that the court will try to protect your interest even if the WP is allowed.
You are a Judge. Have trust in Justice.
Rajendra K Goyal
(Expert) 06 July 2014
Let the outcome of the writ come, Court would try to protect your interest.
R.K Nanda
(Expert) 06 July 2014
consult local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 07 July 2014
I go with the views expressed by expert Mr. P.Venu to your query. Whether erroneous or genuine appointment, the appointing authority will first try to save their action and will justify it in proper way by filing an effective counter/reply to WP. You may have to claim absolute innocence about the appointment procedure adopted by the authority and should reiterate that you do not have any knowledge about any irregularities that might have been crept in. Consult a local lawyer and proceed with the case properly.
Sudhir Kumar, Advocate
(Expert) 08 July 2014
you have got only one defence. You had no knowledge and role in irregularity.
I am afraid that this defence is not very strong. You have to get along for larger battle.
dr g balakrishnan
(Expert) 27 July 2014
SIR,
ONCE APPOINTED BY SERVICE COMMISSION, IT IS ITS ERROR AND IT CANNOT RETRACT UNDER LAW OF ADMINISTRATIVE REASONS.
ALL YOU HAVE TO STATE YOU NEVER CHEATED THE COMMISSION.
SO YOU ARE NOT TO MOVE ANYTHING TILL THEY TERMINATE YOU BY GOVERNMENT; IF THEY TERMINATE YOU HAVE AN UPPER HAND IN THE MATTER.
WAIT TILL THEY TERMINATE AND SURELY THE COMMISSION CANNOT ASK YOU TO RESIGN AS ITS ERROR IT HAS TO MANAGE BY PROVIDING THE OTHER PERSON IN WHATEVER WAY THEY COULD AND THAT IS THEIR LOOK OUT NOT YOURS.
I AM SURE THEY CANNOT TERMINATE BUT MAY TALK TO YOU THAT IS ALL AFTER ALL COMMISSION'S DUTY IS TO RECRUIT BY PROPER PROCEDURE AND THEY CANNOT FOIST THEIR FAULTS ON YOU PLS.
YOU HAVE A STRONG CASE IN YOUR FAVOR AS JOB IS A PROPERTY RIGHT AFTER A SC JUDGEMENT. REGDS...
Sudhir Kumar, Advocate
(Expert) 03 August 2014
With due regards I am not able to agree with Dr G Balakrishanan. My reactions are as under :-
If you read FR31-A, administrative wrong in giving job to ineligible person can be corrected by giving him Show Cause Notice. In this case there is a challange in the court and you are respondent. If you do not defend at all then you have no savior.
Ity is true you never cheated the commission but the person having better right also never cheated the Commission. You have to prove that it is you who has better right and not the applicant.
You will be having absolutely no upper hand if you are terminated. The you will simply be in road. If you are terminated on account of a court case in which (i) you are defendant (ii) you have not defended then principle of re-judicata will apply and you will have absolutely no remedy on each against the termination.
In case the right of the applicant is proved better the court has no choice but to remove you to facilitate her appointment. In case this was a petty post then deptt could have adopted some compromise by hanky panky by appeasing both. But this is not possible in judicial post. None of you can be given any vacancy arising from subsequent recruitment years where none of you is a candidate. So THIS VACANCY IS EITHER YOUR OR HER.
It is now challenged in court and Commission has no discretion now. When court order is there either they have to implement or challange. It is not wise for you to go undefended..
Govt job is only a vested right and not property of the individual. If it has come to unemployed by error then the rightful claimant has no duty to suffer. So you have to prove (now itself) in this case that you are rightly appointed and other party has no claim.
