VidhiSangh

Supreme Court of India · 18/01/2022

NARENDER SINGH versus THE STATE OF HARYANA & ORS.

[2022] 1 S.C.R. 311 · 2022 INSC 59

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A more meritorious candidate was denied appointment because his government employer delayed issuing an NOC despite his timely application. He attended the interview under an interim order and supplied the NOC before actual appointments. The Court held that he could not suffer for the employer’s lapse and directed appointment with continuity for seniority and pay fixation, but no back wages. Exercising Article 142 on the peculiar facts, it protected the innocent existing appointee by accommodation against another vacancy.

Issues

  1. Whether employer-caused delay in issuing an NOC justified denying appointment to the more meritorious candidate.
  2. Whether the existing appointee’s service could be protected while granting relief.

Provisions considered

Held

Result

Appeal allowed; appointment within two weeks with continuity but no back wages; existing appointee protected against another vacancy; earlier costs against employer maintained.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 311.