Summary
The Supreme Court set aside continuity granted to a contract driver re-engaged after disciplinary termination. The termination and fresh appointment had not been challenged and adjudicated. The High Court could not simply extend an earlier batch ruling involving different enquiry circumstances. The respondent’s seniority was directed to run from fresh appointment.
Issues
- Whether continuity and consequential service benefits could be granted across the subsisting termination and fresh engagement.
Held
- The respondent had been re-engaged on contract following termination after enquiry and unsuccessful departmental appeal. The Court found that neither termination nor fresh appointment had been assailed; continuity alone was sought. (¶¶ 3, 8)
- Without adjudication of the termination and fresh-appointment orders, continuity could not be granted to remove the break. Seniority was to run from fresh appointment. (¶¶ 9, 13)
- The prior batch decision concerned cases without enquiry or with natural-justice defects. Applying it mechanically overlooked this employee’s individual facts and would improperly equate him with employees having unblemished records. (¶¶ 10, 11, 12)
Result
Appeal allowed and disposed of without costs; Single Judge and Division Bench judgments set aside. Seniority to count from fresh appointment.