VidhiSangh

Supreme Court of India · 07/09/2017

STATE OF U P THR. ITS SECRETARY & ORS versus MERAJ AHMAD

[2017] 8 S.C.R. 649 · 2017 INSC 869

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Summary

After termination of his temporary service and subsequent acquittal, the employee consciously sought and accepted fresh appointment on an express undertaking relinquishing claims to past service. The Court held that he could not thereafter reopen the termination and obtain continuity of service. It allowed the State’s appeal and set aside the High Court’s continuity direction.

Issues

  1. Whether an employee who accepted fresh appointment while expressly relinquishing past-service claims could later challenge the earlier termination and claim continuity.

Held

Result

State’s appeal allowed; High Court judgment and continuity-of-service direction set aside; no costs.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 649.