Shamsher Singh Sandhu v. Union of India

Civil Appeal · 2020 INSC 38Decided 14 Jan 2020
Civil Appeal No. 266 of 2020
Dr. Justice D.Y. Chandrachud · Justice Ajay Rastogi

Background

The appellant, a CRPF Deputy Inspector General, was repeatedly subjected to conflicting medical fitness examinations over several years that determined whether he qualified for promotion to Inspector General (IG). He was briefly promoted to IG in 2012 based on one favourable medical report, but the promotion was withdrawn in 2013 and he was reverted to DIG without being given a show-cause notice or a hearing. Courts stayed the reversion, so he continued working as IG, eventually retiring in that rank in 2016, while the underlying dispute over his medical categorization and promotion remained pending before the Supreme Court.

Decision Breakdown

The Supreme Court held that since the appellant had continued, under the protection of court orders, to actually perform the duties of IG for nearly four years up to his retirement, and since his reversion had been done without due process, the ends of justice required invoking Article 142 of the Constitution to direct that his retiral dues be computed as if he had retired in the substantive rank of IG. However, having examined the medical board findings, the Court declined to direct any further consideration of his claim for promotion to the still-higher rank of Additional DGP, accepting the Union's submission that the matter should rest there.

Lesson Learnt

When a government employee continues to perform the duties of a higher post for years under the protection of a court's interim order, courts can use their special constitutional powers to ensure retirement benefits reflect that reality, but this does not automatically extend to further promotions the employee never substantively qualified for.

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