Case Note & Summary
The appellant, Giridhar, was appointed as a Lecturer in a college on 26.12.1989 against a post reserved for the scheduled tribe category, despite not belonging to that category, as no candidate from the reserved category was available. The appointment was made pursuant to Government Resolution dated 25.01.1990, which allowed such appointments and required the post to be de-reserved after five years of continuous advertisement if no reserved category candidate was found. The appellant continued in service with technical breaks due to annual advertisements, but the University condoned the breaks in 1997. In 1997, the appellant and other employees made a representation for de-reservation of the post, but no decision was taken. The appellant did not approach the court earlier due to a circular requiring employees to first exhaust departmental remedies. In 2011, the appellant filed Writ Petition No. 3694 of 2011, which was disposed of with a direction to the authorities to decide his representation. The representation was rejected in 2013 on the ground of a 314-day break in service. The appellant then filed Writ Petition No. 5450 of 2015 seeking benefits from the date of his first appointment. The High Court, by judgment dated 22.09.2016, held that the appellant's case was covered by the judgment in Harshendu Vinayak Madge v. Chembur Trombay Education Society and that he was entitled to all benefits from 26.12.1989, but restricted the monetary benefits to 03.07.2008, i.e., three years prior to the filing of the first writ petition in 2011, on the ground of delay. The appellant appealed to the Supreme Court. The Supreme Court allowed the appeal, holding that the delay in filing the writ petition was not attributable to the appellant, as he had been making representations from 1997 onwards and awaited their outcome. The Court noted that the High Court had already held that the appellant was entitled to benefits from the date of first appointment, and there was no justification for restricting the benefits to 03.07.2008. The Supreme Court set aside the restriction and directed that the appellant be granted all monetary benefits from 26.12.1989, with arrears to be paid within three months.
Headnote
A) Service Law - Monetary Benefits - Date of First Appointment - Delay - The appellant was appointed as a Lecturer on 26.12.1989 against a reserved post for scheduled tribe category, but no candidate from that category was available. The High Court granted benefits from 03.07.2008 only, restricting the period to three years prior to filing of Writ Petition No. 3694 of 2011. The Supreme Court held that the delay in filing the writ petition was not attributable to the appellant, as he had made representations from 1997 onwards and awaited their outcome. Therefore, the appellant is entitled to all monetary benefits from the date of his first appointment i.e. 26.12.1989. (Paras 7-9) B) Service Law - De-reservation of Post - Government Resolution dated 25.01.1990 - The G.R. provided that in the absence of candidates for reserved posts, persons not belonging to the reserved category can be appointed, and the post should be de-reserved after five years of continuous advertisement if no candidate is available. The appellant continued in service from 26.12.1989, and the post was de-reserved. The High Court had held that the appellant's case was covered by the judgment in Harshendu Vinayak Madge v. Chembur Trombay Education Society, entitling him to all benefits from the date of first appointment. (Paras 2-3, 7)
Issue of Consideration
Whether the High Court was justified in restricting the monetary benefits to the appellant from 03.07.2008 only, instead of from the date of his first appointment i.e. 26.12.1989, on the ground of delay in filing the writ petition.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order restricting benefits to 03.07.2008, and directed that the appellant be granted all monetary benefits from the date of his first appointment i.e. 26.12.1989, with arrears to be paid within three months.
Law Points
- Monetary benefits from date of first appointment
- Delay not attributable to employee
- Restriction of benefits to three years prior to filing writ petition improper
- Government Resolution dated 25.01.1990
- De-reservation of post
