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Service & Administrative LawSupreme Court of India

The State of Bihar & Ors. v. Devendra Sharma (and a large batch of connected appeals)

Civil Appeal · 2019 INSC 1157Decided 17 Oct 2019
Civil Appeal No. 7879 of 2019
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

In the early 1980s, around 6,000 Class III and Class IV employees were appointed in Bihar's Health Department under a Tuberculosis Eradication Scheme against only 2,250 sanctioned posts, many by an officer who had no authority to appoint, and some using forged documents. Earlier Supreme Court rulings had already declared these appointments void. After a State-appointed committee re-examined individual cases and classified many as involving forged letters, forged certificates, or appointment by an incompetent authority, fresh termination orders were issued. Employees challenged these terminations, producing conflicting High Court rulings in different rounds of litigation that led to this consolidated batch of more than 40 appeals, including the one concerning Devendra Sharma.

Decision Breakdown

The Supreme Court held that none of the affected employees' appointments were merely "irregular" (which can sometimes be regularised): they were "illegal" and void from inception, since there was no sanctioned post, no advertisement, no competitive selection, and in many cases forged credentials. Applying its earlier Constitution Bench ruling in Uma Devi and related precedents, the Court held that long years of service (even 25 years) cannot cure a fundamentally illegal appointment, and no right to salary, pension, or regularisation can ever flow from it. The Court allowed the State's appeals against the High Court orders that had favoured the employees, including the order covering Devendra Sharma's matter, which arose from the State's 2011 appeal, while dismissing the separate appeals filed by employees against a different 2014 High Court order that had already gone against them.

Lesson Learnt

A government job obtained through a fundamentally flawed process, no sanctioned post, no fair selection, or forged documents, cannot be "regularised" later no matter how many years the person has worked, because an illegal appointment is void from the start and cannot ripen into a valid one with the passage of time.

The State of Bihar & Ors. v. Devendra Sharma (and a large batch of connected appeals) – Legal Case Shots | LegalAware