RANCHI, India, Sept. 16 -- Jharkhand High Court issued the following order on Aug. 18:

1. The instant writ application has been filed for quashing the order contained in memo No. 200/ Vidhi dated 23.03.2018 (Annexure13), passed by respondent No. 3 in compliance to the order dated 21.06.2017, passed in W.P.(S). No. 6211 of 2007, whereby the claim of the petitioner for payment of arrears of salary has been denied.

2. The petitioner had earlier moved before this Court in W.P.(S). No. 6211 of 2007 and the case, after hearing, has been disposed of on 21.06.2017 by passing following orders. "Be that as it may, having gone through rival submissions of the parties, this Court is of the considered view that several persons are waiting even for appointment to the post of Peon. Regular procedures should have been adopted for appointment. Back door entries cannot be appreciated Hon'ble Apex Court in the case of State of U.P & Ors. Vrs. U.P. State Law Officers Association & Ors. reported in 1994 (2) SCC 204, while dealing with the back door entries in public appointment, observed as under:

"19. .............The method or appointment is indeed not calculated to ensure that the meritorious alone will always be appointed or that the appointments made will not be on considerations other than merit in the absence of guidelines, the appointments may be made purely on personal or political considerations and be arbitrary. This being so those who come to be appointed by such arbitrary procedure can hardly complain if the termination of their appointment is equally arbitrary. Those who come by the back door have to go by the same door..... From the inception some engagements and contracts may be the product of the operation of the spoils system. There need be no legal anxiety to save them."

However, in the instant case the petitioner has worked for 20 long years and in the year 2008 his salary was stopped.

In the facts and circumstances of the case, I hereby direct the Deputy Commissioner, Ramgarh to enquire into the matter personally. On enquiry if appointment of the petitioner is found to be genuine, let all the benefits be extended to him including arrears of salary for the period in which he has worked. If it is found that his appointment is not as per rules, action be taken against the person who has appointed him dehors rule. As the petitioner has already been ousted from the service, no further order is required.

Let entire exercise be conducted within a period of twelve weeks from the date of order.

With the aforesaid observations, this writ petition is disposed of."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrPaQyEoS0kba7IjTSs58FCzAf7bPgCjPmgv6ijLyyj2i&caseno=WPC/2105/2018&cCode=1&cino=JHHC010134302018&state_code=7&appFlag=)

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