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Maya P.C. v. State of Kerala

Civil Appeal · 2025 INSC 773Decided 23 May 2025
C.A. No.-014915-014915 - 2024 (with connected Civil Appeal Nos. 14916-14919 of 2024)
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellants, all persons with benchmark disabilities exceeding 40%, had been given temporary posts in various Kerala government institutions and were later reappointed to regular "supernumerary" posts under a 2013 Government Order that regularised roughly 2,677 such employees. Some appellants had even resigned from other secure government jobs to take up these positions. A subsequent 2016 Government Order then declared that these regularised employees would not be eligible for probation, seniority, or promotion, and the Kerala High Court upheld this restriction, treating the original regularisation as a mere "concession."

Decision Breakdown

The Supreme Court held that the benefits already conferred by the 2013 Government Order, including regular appointment and probation, created accrued rights that could not be unilaterally withdrawn by the later 2016 order, particularly since many employees had changed their circumstances (including resigning other jobs) in reliance on the original scheme. Finding the 2016 restriction discriminatory and irrational, the Court held it violated Article 14 of the Constitution, set aside the Kerala High Court's judgments, and restored the earlier, more favourable rulings of the Single Judge and the Kerala Administrative Tribunal in the appellants' favour.

Lesson Learnt

Once the government grants a benefit such as regular employment status to persons with disabilities under a scheme, and people rely on that promise to their detriment, it cannot later strip away the resulting rights (like seniority or promotion) through a subsequent order, doing so is arbitrary and unconstitutional.

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

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