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Kamaljit Kaur v. The State of Punjab & Ors.

Civil Appeal · 2017 INSC 603Decided 11 Jul 2017
Civil Appeal No. 4484 of 2009
Justice Kurian Joseph · Justice R. Banumathi

Background

The dispute was over the appointment of an Anganwadi (village childcare centre) worker, and was essentially a family dispute between a daughter and her daughter-in-law over who held the post. After interim orders from the Supreme Court, the daughter-in-law (Respondent No. 4) had rejoined and worked in the post for about 10 years, and also had past service credit. A connected appeal (Civil Appeal No. 4485 of 2009) raised the same point and was heard together.

Decision Breakdown

The Court declined to go into the merits of who was legally entitled to the post, holding that the long passage of time and the respondent's decade of actual service made this a fit case to invoke Article 142 of the Constitution (the Supreme Court's special power to do "complete justice"). It directed the appellant to pay Rs. 1,00,000 to Respondent No. 4 by demand draft within three months, in full and final settlement of her claims, while clarifying that the appellant would be treated as being in service throughout. The High Court's judgment was modified only to this extent, and the connected appeal was disposed of as not requiring a separate order.

Lesson Learnt

The Supreme Court can resolve long-running personal/service disputes through a practical monetary settlement under Article 142 rather than deciding technical merits, especially where years have passed and both sides have a stake built up by the delay.

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

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