VidhiSangh

Supreme Court of India · 05/11/2024

MUKUL KUMAR TYAGI versus THE STATE OF UTTAR PRADESH AND OTHERS

[2024] 11 S.C.R. 428 · 2024 INSC 832

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that the U.P. Power Corporation wrongly terminated Technician Grade-II (Electrical) appointees selected in the 14 July 2015 list who held the required CCC computer certificate at the time of interview, on the ground that they did not hold it on the last date for applications. The amended 1995 Regulations and the advertisement required the certificate to be produced at the interview, and the earlier High Court and Supreme Court rulings had disturbed only candidates without a recognised certificate. Using Article 142, the Court ordered reinstatement without back wages but with seniority and continuity; those who obtained the certificate after their interview got no relief.

Issues

  1. Whether selected candidates who held a DOEACC/NIELIT CCC certificate at the time of interview, but not on the last date for applications, could be terminated after the select list was redrawn.
  2. Whether candidates who obtained the CCC certificate after their interview but before the interviews ended were entitled to continue.
  3. Whether relief could be granted on miscellaneous applications in a disposed-of civil appeal.

Provisions considered

Held

Result

Applications and appeal allowed. Applicants in the select list of 14 July 2015 who held or produced the CCC certificate at their interview to be reinstated forthwith; no back wages, but seniority according to their position in the select list and continuity of service with consequential benefits including pay fixation and terminal benefits. Impleadment and intervention applications allowed; no costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 428.