Anil Kumar Choudhary, J. - (1.) The brief facts of the case of the petitioner involved in this writ application is that the State Government through J.P.S.C. advertised for appointment to the post of Assistant Teacher in different districts of the State including the district of Koderma in daily Newspaper dated 28.08.2002. The petitioner applied for the same as he fulfilled all the eligibility criteria and possessed requisite qualification. After written test and interview the petitioner bearing roll No.111013100579, was selected for appointment along with others as per the result published in the daily Newspaper dated 14.11.2003.
(2.) The present writ application has been filed claiming that though the petitioner was amongst the successful candidates for the post of Assistant teachers and though after selection, he submitted all the necessary documents in time to the respondent, yet some of the candidates after verification of the documents, were given appointment in the month of November, 2003 and some were given appointment in February, 2004 and June, 2004, but the petitioner, due to the laches on the part of the respondents, was given appointment on 22.06.2005 vide office order communicated to the petitioner through Memo No. 590 Koderma dated 22.06.2005 by the District Superintendent of Education-cum-S.D.E.O and accordingly, the petitioner joined on 23.06.2005.
(3.) It is submitted by Mr. Deepak Kr. Dubey, the learned counsel for the petitioner that there is no justifiable reason as to why the respondents have not appointed the petitioner earlier though some of the similarly situated candidates were appointed in February, 2004 and some of them in June, 2004. It is further submitted that if the petitioner is not granted notional appointment at par with similarly situated candidates, he will lose his seniority. It will affect the opportunity of promotion and some other benefits like G.P.F. and pension etc. and therefore, while advancing arguments on behalf of the petitioner, it was prayed that the petitioner be given notional appointment with effect from the date, the other similarly situated candidates have been appointed facilitating the petitioner to get pensionary benefit under old pension scheme including the scheme of G.P.F.. There is specific averments in paragraph 17 of the writ application that persons of the same recruitment process and similarly situated have been appointed in the month of February,2004 and June,2004 respectively but there is no specific denial of the same in the counter affidavit.;