VidhiSangh

Supreme Court of India · 13/12/2019

RAJNISH KUMAR MISHRA & ORS. ETC. versus STATE OF UTTAR PRADESH & ORS. ETC.

[2019] 15 S.C.R. 68 · 2019 INSC 1373

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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

  1. Whether the employees’ regularisation and its subsequent annulment were valid in the circumstances.
  2. What reinstatement and monetary relief should follow.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 68.