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Malook Singh & Ors. v. State of Punjab & Ors.

Civil Appeal · 2021 INSC 566Decided 28 Sept 2021
Civil Appeal Nos. 6026-6028 of 2021
Dr. Justice D.Y. Chandrachud · Justice Vikram Nath · Justice B.V. Nagarathna

Background

A group of clerks in the Punjab Civil Secretariat, appointed on an ad hoc basis in 1975-76, had their services regularized in 1977 under a policy that fixed their seniority from the date of regularization. Decades of litigation followed over whether their seniority should instead run from their earlier ad hoc appointment dates, with the dispute reaching the Supreme Court through a batch of connected civil appeals arising from a 2011 Punjab and Haryana High Court judgment.

Decision Breakdown

The Supreme Court upheld the High Court's view that, under the express terms of the 1977 regularization policy, seniority must be reckoned from the date of regularization and not from the earlier ad hoc appointment dates. However, noting that most of the affected employees had since retired after receiving further promotions over the decades of litigation, the Court invoked its special powers under Article 142 of the Constitution to direct that the pensionary benefits already being paid to both the appellants and the respondents should not be disturbed and that no recoveries be made from anyone. The appeals, along with two companion appeals, were accordingly disposed of.

Lesson Learnt

Even where a court rules against a party on the legal principle, it can mould equitable relief (here, protecting pension payments) to avoid unfair hardship to long-retired employees, especially where litigation has dragged on for decades.

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

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