Summary
The Court restored regularisation of judicial-establishment employees appointed before 31 December 2001 who had served for about twelve years when their cases were examined. The committee’s recommendation was grounded in the High Court circular and relevant regularisation principles. Annulment by a successor District Judge without hearing also violated natural justice. Reinstatement and continuity were ordered, but back wages for the period out of employment were denied.
Issues
- Whether the employees’ regularisation and its subsequent annulment were valid in the circumstances.
- What reinstatement and monetary relief should follow.
Held
- The committee considered the High Court circular, pre-cutoff appointments, continuous service and satisfactory performance. Its recommendation and the resulting regularisation order were justified; the changing regularisation rules also required consideration. (¶¶ 14, 15, 16, 17, 18, 19)
- Although service had continued under interim orders from 2006, the recruitment process had subsequently been cancelled and the employees had served about twelve years by committee consideration. The Court applied the one-time regularisation exception, parity with Sheo Narain Nagar and the 2016 cutoff in these circumstances. (¶¶ 17, 18, 19)
- The successor District Judge could not annul the properly processed regularisation while considering promotion representations without at least hearing the affected employees. The annulment, withdrawal of benefits and recovery orders violated natural justice. (¶ 18)
- Regularisation from 1 June 2012 was restored and termination set aside. Immediate reinstatement with continuity for all purposes, including terminal benefits, was directed, excluding back wages for the period out of employment. (¶ 20)
Result
Appeals allowed without costs. The High Court judgments, three orders of 16 August 2014 and consequential termination were set aside. Regularisation with effect from 1 June 2012 upheld; immediate reinstatement with full service continuity ordered, without back wages for the period out of employment. Pending applications disposed of.