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Omkar Sinha & Anr. vs Sahadat Khan & Ors.

Civil Appeal · 2022 INSC 491Decided 29 Apr 2022
Civil Appeal No. 3504 of 2022
K.M. Joseph · Hrishikesh Roy

Background

Under a 1977 order of the undivided State of Madhya Pradesh, a Forest Guard trainee who topped the training course could be sent directly for Ranger training (a fast-track promotion route), without a competitive entrance exam. After Chhattisgarh was carved out as a new state in 2000, the appellants topped their Forest Guard training and claimed entitlement to this benefit. The State first proposed in 2009, in response to a threatened employee strike, to replace the fast-track benefit with two extra pay increments, and a 2009 departmental communication said toppers no longer needed to be sent for Ranger training; the 1977 order was formally revoked only later, by a proper government order issued in the Governor's name on 11.06.2012. The Chhattisgarh High Court's Division Bench ruled against the appellants, holding the 1977 benefit had already been effectively withdrawn by the 2009 communications.

Decision Breakdown

The Supreme Court held that under Article 166 of the Constitution, executive action of a state government is valid only if expressed in the name of the Governor and properly communicated: a principle drawn from the Constitution Bench ruling in Bachhittar Singh v. State of Punjab. The 2009 communications were merely departmental correspondence from a Chief Forest Conservator, not expressed in the Governor's name, and therefore could not validly revoke the 1977 order; only the 11.06.2012 order, which was issued in the Governor's name and expressly revoked the 1977 circular, achieved that. The Court also noted the writ petitioners themselves had originally pleaded that the 2009 communication (not the earlier 2009 letter relied on by the High Court) caused the revocation, so the Division Bench had gone beyond the pleaded case. Both appeals were allowed and the High Court's judgments set aside.

Lesson Learnt

A government policy or benefit does not lapse merely because departmental officials informally announce a change or float a replacement scheme, under Article 166, it takes a formal order issued in the name of the Governor (or equivalent constitutional head) to actually revoke an existing government order, and courts should also stay within the case as originally pleaded rather than deciding on a different factual basis.

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

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