Supreme Court - law insider

Swarna Shukla-

Published On: September 17, 2021, at 16:20 IST

The Division Bench of Justices Vineet Saran and Aniruddha Bose gave an Order of not granting extension of time for joining the post of Presiding Officer of the Labour Court.

The Supreme Court on September 17, 2021 observed that extension of time of joining cannot be claimed as a matter of right. This Order upheld the Chhattisgarh High Court’s Order on the same grounds.

Petitioner Nilesh Kumar Pandey had applied for the post of Presiding Officer, Labour Court in March 2008. The Petitioner’s name was recommended by the Chhattisgarh Public Service Commission in July 2009, but due to ongoing litigation the Petitioner wasn’t appointed. The validity of the select list was extended till January 5, 2011.

During the period of select list, an Appointment Order was issued in Pandey’s favour in August 2010, stating to report within 30 days from the issuance of date of appointment.

In April 2014, the Petitioner made an appeal for extension of time period of joining in the State of Chhattisgarh , however the same was impugned due to the end of the joining period.

Aggrieved by the State Government’s Order, Pandey approached Chhattisgarh High Court seeking the quashing of the 2014 Order on the ground that Pandey’s appointment was subject to the outcome of the Writ Petitions.

The Single Bench of Chhattisgarh High Court dismissed the Petitioner’s Writ on the above-mentioned ground.

Later on approaching the Division Bench, Chief Justice PR Ramachandra Menon and Justice Sanjay K Agrawal on June 24, 2019 upheld the Single Bench’s judgement mentioning that the petitioner failed to join in the stipulated time.

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