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Jagpal Singh Thakur v. State of Madhya Pradesh & Ors.

Civil Appeal · 2017 INSC 646Decided 19 Jul 2017
Civil Appeal No. 9291 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant was denied regularization as a Forest Guard on the sole ground that he had married a few days before turning 21 years of age. He pointed out that four other similarly-placed employees (Narayan Prasad Raikwar, Babulal Carpenter, Raj Kishore Tiwari and Bhagatram Raikwar) had been granted relaxation for the same kind of technical breach.

Decision Breakdown

The Supreme Court found no reason to keep the appeal pending once it was shown that relaxation had already been extended to four comparable employees. It set aside the High Court's judgment and directed the authorities to consider the appellant's case in the same manner as the four other persons and grant him consequential benefits of regular appointment, if such benefits were granted to them, within three months.

Lesson Learnt

When an employer has relaxed a minor eligibility condition for some employees, it cannot deny the same relaxation to a similarly-situated employee: equal treatment for equally-placed persons is a basic requirement even in administrative/service matters.

Official source (sci.gov.in)View Judgment (PDF)

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