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2025 DAILYLAW 16374 (JHR)

SANJEEV KUMAR v. UNION OF INDIA, THROUGH THE SECRETARY, GOVT OF INDIA, MINISTRY OF HOUSING AND URBAN AFFAIRS

WPC/2923/2025 · 2025-07-23

Sujit Narayan Prasad

body2025

Judgment text

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2025:JHHC:20185-DB -1 of 3- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2923 of 2025 Sanjeev Kumar, aged about 38 years, s/o Sri Navin Kumar Navin, Resident of Maa Anandmai Nagar, 49H, Near Hanuman Mandir, P.O & P.S.- Ratu, District- Ranchi, Jharkhand. ... ... Petitioner Versus 1. Union of India, through the Secretary, Government of India, Ministry of Housing and Urban Affairs, Directorate of Printing, "B" Wing, Nirman Bhawan, P.O.& P.S.- New Delhi, District- New Delhi. 2. Secretary, Government of India, Ministry of Housing and Urban Affairs, Directorate of Printing, "B" Wing, Nirman Bhawan, P.O. & P.S.- New Delhi, District-New Delhi: 3. The Director, Directorate of Printing, "B" Wing, Nirman Bhawan, P.O. & P.S.-New Delhi, District-New Delhi; 4. Joint Director (Admn.), Government of India, Ministry of Housing and Urban Affairs, Directorate of Printing, "B" Wing, Nirman Bhawan, P.O. & P.S.-New Delhi, District-New Delhi; 5. The Manager, Government of India Press-1, Temple Street, Kolkata, P.O. & P.S.-Kolkata, District-Kolkata (West Bengal). 6. Chairman, Staff Selection Commission (E.R.), Government of India, Nizam 1 M.S.O Building, 234/4, A.J.C. Bose road, PO +PS-Sarat Bose Road District- Kolkata (West Bengal) ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD --------- For the Petitioner : Ms. Khalida Haya Rashmi, Advocate. Ms. Shreya Anugrah Balmuchu, Advocate. For the UOI : Mr. Anil Kumar, ASGI Mr. Abhijeet Kr. Singh, C.G.C. --------- 03/Dated: 23.07.2025 Tarlok Singh Chauhan, C.J. (Oral) 1. Heard the parties. 2. The instant writ petition has been filed for grant of the following substantive reliefs:- “a. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/Directions or a writ in the nature of certiorari for quashing the order reserved on 18.11.2024 and order pronounced on 17.12.2024 passed in O.A No. 051/00082/2021 (Annexure-12) by Hon'ble Administrative Tribunal Patna Bench, Patna Circuit Bench at Ranchi, wherein the application filed by the petitioner for issuance of appointment letter for the post of Multi-Tasking (Non-Technical) Staff, was dismissed by the Tribunal. 2025:JHHC:20185-DB -2 of 3- b. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus commanding upon the respondents to immediately and forthwith issue the appointment letter to the petitioner for the post of Multi- Tasking (Non-Technical) staff in Government of India Press, Temple Street, Kolkata or at any other place by giving him the same date of appointment as was given to the other candidates from the same selection process, as the deemed date of appointment for his seniority purpose. c. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/Directions in the nature of certiorari for quashing and declare that the reasons spelt out in the order dated 28.11.2019 for non-issuance of the appointment letter in favour of the petitioner are untenable, illegal, bad in law, outcome of failure of proper exercise of jurisdiction vested in the authorities;” 3. We have gone through the order passed by the learned Central Administrative Tribunal and do not find any irregularity much less an illegality in the same. 4. The learned Central Administrative Tribunal has specifically noted that there is nothing on record to indicate that any candidate out of the select list for the examination process held in the year 2013 has been given appointment whereas the applicant-writ petitioner has been singled out for the post of MTS (Non-Technical). The learned Tribunal has further noted that there is no allegation against the respondents that they have adopted a method of pick and choose or even a whisper regarding the action of the respondents being mala fide or arbitrary. 5. Apart from the above, the Tribunal has specifically noted that the appointment of selected MTS (Non-Technical) including the applicant could not be materialized due to change in policy and non-availability of post for the following reasons: - “I. Due to non-availability of vacancies, selected candidates could not be given appointment by the respondents. II. Director Printing (DoP), New Delhi vide letter no. A 12013/1/2013-Alll, dated 07.07.2014 instructed the GIP Kolkata to return the dossiers of the candidates to SSC (ER) Kolkata clearly indicating the reasons that the issue of revival of post is under consideration of Ministry of 2025:JHHC:20185-DB -3 of 3- Housing and Urban Affairs and without getting approval of revival of the posts, there is no possibility of issuing of appointment order to the candidates. III. SSC refused to take back the dossier of the selected candidates. IV. As per advice of the Ministry, the process was initiated for phase-wise revival of the posts which have gone under deemed abolition due to lying vacant for more than one year V. Total 700 posts were revived which includes the post of Group-D (MTS) in July 2015 with the concurrence of Ministry of Finance New Delhi. However, these 700 posts could not be filled due to proposal rationalization, merger and modernization of the presses and same went again under deemed abolition. VI. The Government has approved on 20.09.2017, rationalization/merger of 17 Government of India Presses (GIPs) into 05 GIPs and also modernization. VII. Directorate of Printing, New Delhi vide their OM dated 29.09.2017 directed to put on hold the direct recruitment/promotion in all categories of the posts in the wake of modernization/merger of 17 GIP's in the 5 GIPS. VIII. The aspect of merger/modernization will have to be made before filling up any post.” 6. For the aforesaid discussions and for the reasons stated above, we find no reason to interfere. Consequently, this writ petition is dismissed. There shall be no orders as to costs. (Tarlok Singh Chauhan, C.J.) (Sujit Narayan Prasad, J.) APK/VK