Appointments on compassionate grounds deemed irregular but cured over time, leading to reinstatement without back wages
In a significant ruling, the Madhya Pradesh High Court has reinstated employees who were terminated after 22 years of service due to alleged irregular appointments on compassionate grounds. The court found that the appointments were not illegal, but rather irregular, and the irregularity was cured over time with continued service.
The case revolved around the termination of Mohd. Shamim and others, who had been appointed in the District Court establishment on compassionate grounds following the voluntary retirement of their fathers. The appointments were initially challenged as illegal based on the judgment in Mansukh Lal Saraf v. Arun Kumar Tiwari. However, the High Court, led by Justices Vivek Rusia and Pradeep Mittal, ruled that the appointments were not void ab initio but merely irregular, and such irregularity had been rectified by the passage of time and the petitioners' lengthy service.
The court emphasized that the principles laid down in the Mansukh Lal Saraf case apply only to illegal appointments, not irregular ones. It was noted that at the time of the petitioners' appointments, there were no specific recruitment rules for Class-III employees in the District Court establishment, allowing the District Judge the discretion to appoint employees.
Moreover, the court found that while the appointments were made against vacancies created due to voluntary retirement, the petitioners underwent a regular selection process, including written examinations and interviews, thus further validating their appointments.
The High Court also dismissed the retrospective application of policy withdrawal, stating that applications submitted before the withdrawal of the policy were valid. Consequently, the termination based on the retrospective application of the policy withdrawal was deemed invalid.
In its decision, the court quashed the impugned order dated 28.10.2017, reinstating the petitioners to their respective posts without back wages but with all consequential promotional and service benefits as per the law.
This ruling underscores the importance of distinguishing between illegal and irregular appointments and provides relief to employees who have served with dedication for over two decades.
Bottom Line:
Termination of employees appointed on compassionate grounds in the District Court establishment after 22 years of service was deemed unsustainable as the appointments were found to be irregular, not illegal, and the irregularity stood cured with the passage of time and continued service.
Statutory provision(s):
Madhya Pradesh Civil Services (Pension) Rules, 1976
Madhya Pradesh Civil Services (Medical Examination) Rules, 1972
M.P. Junior Services Selection Board Rules, 1983
Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961
Madhya Pradesh Civil Services (Conduct) Rules, 1965
