VidhiSangh

Supreme Court of India · 19/05/2023

OM PRAKASH BANERJEE versus THE STATE OF WEST BENGAL & ORS.

[2023] 10 S.C.R. 427 · 2023 INSC 567

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Summary

The Court held that denying a municipal employee regularisation, while similarly placed colleagues including juniors received it, violated equality in the particular circumstances. Earlier court orders, the service-book entry and existing absorption resolutions supported his claim. The appeal was allowed and back wages and benefits from 1991 were awarded with ten per cent interest.

Issues

  1. Whether exclusion of the appellant from regularisation, despite earlier proceedings and absorption of similarly placed co-employees, violated constitutional equality.
  2. Whether Umadevi barred relief on the particular record and what benefits followed after the appellant’s retirement.

Provisions considered

Held

Result

Appeal allowed; impugned High Court judgment set aside. Appellant held entitled to back wages and benefits from 1991 with ten per cent interest. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 427.