VidhiSangh

Supreme Court of India · 28/09/2021

MALOOK SINGH AND OTHERS versus STATE OF PUNJAB AND OTHERS

[2021] 7 S.C.R. 1080 · 2021 INSC 566

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

Summary

The Court affirmed that the clerks’ stop-gap ad hoc service, rendered outside the prescribed recruitment process, did not count for seniority against regular recruits under the regularisation policy. An earlier judgment bound its parties but did not conclude the broader seniority issue or prejudice non-parties. Given decades of promotions and retirement, the Court used Article 142 to protect pension payments and prohibit recoveries from the appellants rather than require disruptive reconstruction of the cadre’s seniority. Both sets of appeals were disposed of.

Issues

  1. Whether pre-regularisation ad hoc service counted towards seniority against regular recruits.
  2. How the earlier judgment affected its parties and other employees.
  3. Whether pension protection should be granted despite affirming the seniority principle.

Provisions considered

Held

Result

Seniority principle affirmed; existing pensionary benefits protected and recoveries from appellants barred under Article 142. Both sets of appeals and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 1080.