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Sandhya v. State of Maharashtra

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) No. 24083 of 2013)Decided 1 Jul 2014
Special Leave Petition (Civil) No. 24083 of 2013
Justice Sudhansu Jyoti Mukhopadhaya · Justice Dipak Misra

Background

Sandhya joined the revenue and land survey department as an unpaid candidate in 1985, receiving a nominal fee for copying work. Her services were terminated in 1998, but the administrative tribunal later set aside that termination and ordered regularisation under a government resolution dated 10 March 2005. The authorities refused to implement the order because she had not actually worked during the period required by the resolution, and the High Court accepted that objection.

Decision Breakdown

The Supreme Court allowed her appeal and set aside the High Court's decision. Once the termination had been quashed, she had to be treated as continuing in service, including on the date of the 2005 resolution. The authorities could not use the absence caused by that invalid termination to deny her eligibility under the scheme. They were directed to implement the tribunal's order and regularise her retrospectively within two months of receiving the judgment.

Lesson Learnt

When a termination is set aside, the restored continuity of service can affect eligibility under a particular regularisation scheme. This decision depended on that scheme and the tribunal's order; it did not grant permanent employment to every temporary worker.

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

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