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K. Amarnath Reddy & Ors. v. Chairman & M.D. A.P.S.P.D.C.L. & Ors.

Civil Appeal · 2019 INSC 260Decided 25 Feb 2019
Civil Appeal Nos. 2049-2158 of 2019
Justice L. Nageswara Rao · Justice Sanjay Kishan Kaul

Background

The Andhra Pradesh Transmission Corporation and four distribution companies advertised 7,114 posts of Junior Lineman in 2006, with selection criteria that were repeatedly challenged and modified through successive rounds of litigation, including a Division Bench ruling in 2009 (which became final) directing appointment of certain affected contract labourers beyond the originally advertised posts due to the quashing of one selection condition. Years later, a fresh batch of writ petitions challenged the entire selection process again, and in 2012 a Single Judge/Division Bench of the High Court revisited and substantially re-worked the selection declarations and directions, even with respect to appointments that had already been made and regularised, prompting the affected employees and the companies to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the 2012 High Court judgment erred by re-examining and unsettling selections and appointments to the 7,114 posts that had already been conclusively dealt with by the earlier 2009 Division Bench judgment, which had attained finality and had already been implemented, including regularisation of the appointees' services. Since reopening those settled appointments years later would cause irreparable harm to already-regularised employees and disrupt the essential public utility services of the DISCOMS, the Court set aside the High Court's 2012 judgment and allowed the appeals, while directing that any future recruitment to Junior Lineman posts must be done strictly in accordance with law, and closing the connected contempt petitions.

Lesson Learnt

Once a selection or appointment process has been finally adjudicated by a court and implemented, including regularisation of the employees' services, a later round of litigation generally cannot be used to reopen and unsettle those already-concluded appointments, especially where doing so would cause serious hardship to the employees and disrupt essential public services.

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

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