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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Service & Administrative LawSupreme Court of India

Union of India & Ors. v. Acquilin Rose M.

Civil Appeal · 2018 INSC 140Decided 13 Feb 2018
Civil Appeal No. 1877 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The respondent had claimed appointment under the Union Government's Evictee Scheme, and the Kerala High Court had allowed her writ petition directing that she be given such an appointment. The Union of India appealed to the Supreme Court. During the hearing it emerged that under the scheme only Grade 'C' or Grade 'D' posts were available, while the respondent, who had worked for over seven years as an outsourced Technical Assistant, sought consideration for a Grade 'B' Fitter post, which the scheme did not permit.

Decision Breakdown

The Supreme Court disposed of the appeal by directing the Union of India to appoint the respondent forthwith as a Catering Attendant 'A' (a Grade 'C' post), the only category available to her under the scheme. Recognising her experience and qualifications, the Court permitted the government to utilise her services appropriately regardless of the formal category of appointment, and directed that there be no further screening. The Court expressly clarified that this order was passed on the peculiar facts of the case and was not to be treated as a precedent.

Lesson Learnt

Courts can mould practical relief within the bounds of what a scheme actually permits, here securing an appointment while making clear the actual duties assigned could reflect a person's real skill and experience, but such fact-specific accommodations are explicitly not meant to set a broader precedent.

Union of India & Ors. v. Acquilin Rose M. – Legal Case Shots | LegalAware