Mrigank Johri & Ors. v. Union of India & Ors.

Civil Appeal · 2017 INSC 596Decided 10 Jul 2017
Civil Appeal Nos. 9316-9320 of 2013
Justice Abhay Manohar Sapre · Justice Sanjay Kishan Kaul

Background

The appellants, Junior Engineers deputed from All India Radio to the Department of Posts, voluntarily agreed to permanent absorption on specific written terms stating they would be treated as "new recruits" and that their past service would count for all purposes "except seniority in the cadre." Years later, when a seniority list was finalised against them, they challenged it before the Central Administrative Tribunal, arguing their deputation and prior service should count toward seniority; the Tribunal agreed, but the Delhi High Court reversed the Tribunal and upheld the terms of absorption.

Decision Breakdown

The Supreme Court held that because the appellants had knowingly and voluntarily accepted the specific condition that their prior service would not count toward seniority (while being preserved for all other purposes), they could not later turn around and challenge that very condition, especially since they never challenged the absorption terms themselves, only the resulting seniority list, and any such challenge would in any event have been time-barred. The Court found the case squarely covered by its earlier ruling in Indu Shekhar Singh v. State of U.P., which held that employees who exercise an option to accept specific absorption conditions are bound by them. The appeals were dismissed, and connected contempt petitions/applications for directions were closed as a consequence.

Lesson Learnt

An employee who voluntarily and knowingly accepts specific conditions attached to a transfer or absorption into a new department, such as forfeiting prior seniority, cannot later challenge those very conditions once the practical consequences (like an unfavourable seniority list) materialise.

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