Legal Question in Employment Law in India

Sir i have been selected in district judges court as a LDC & in the panel they mentioned that it is a part of selection process & depend on the approval of govt of west bengal & nobody have the right to claim any virtue of this notification & the panel valid for one year. now 10 months already over then we filed a writ petition and the court have given the following order:-

Let the affidavit-of-service filed in Court today be kept with the record. In spite of service, none appears for the respondents to oppose this application. Pursuant to a notice dated ...., the petitioners applied for several posts in the judgeship of the learned District Judge, court The case of the petitioners is that they were provisionally selected for recommending their names for the posts of typist/copyist and lower division clerk in the office of the learned District Judge, court According to the petitioners, the list was published by the selection committee in..... respectively. Since the petitioners have not been given the appointment letters by the present writ petition, they, inter alia, seek a writ in the nature of mandamus commanding the respondents to issue appointment letters in favour of the petitioners for filling up of the concerned posts. 2

It appears from the notices annexed to the writ petition as annexure-'P/2' collectively that it was a provisional selection and it was mentioned that it was a part of the selection process and that no candidate shall have any right to claim any employment by virtue of this notifications. Even that apart, it is now a settled position of law that mere empanelment or selection does not confer any right to seek an appointment in respect of the posts for which they have been empanelled. In this case, the petitioners have not also been empanelled after the completion of the selection process. They have merely been provisionally selected for recommendation of the names for certain posts. The petitioners have no right to ask for a writ in the nature of mandamus. There is no merit in this writ petition and hence, the same is dismissed.

Now we apply in division bench & what will be the result as per your opinion?


Asked on 7/07/13, 11:37 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.07.2013

Dear Sir / Madam,

As already advised earlier, please seek another employment, and do not only be dependent on the Court outcome of your appointment as a lower division clerk in the judiciary, especially since the Judiciary has already dismissed your plea which will never be entertained again.

Regards,

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Answered on 7/08/13, 11:18 pm


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