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State of U.P. Thr. Its Secretary & Ors. v. Meraj Ahmad

Civil Appeal · 2017 INSC 869Decided 7 Sept 2017
Civil Appeal No. 9335 of 2016
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The respondent was appointed in 1983 as a temporary Livestock Development Assistant in Uttar Pradesh. After an FIR was lodged against him under Section 302 IPC (murder), his services were terminated in 1984. He was later acquitted by the Sessions Court in 1985 and, on his own request stating he would make no claim to his prior service, was given a fresh appointment in 1989 as a Livestock Extension Inspector. He subsequently filed writ petitions seeking continuity of service from his original 1984 appointment, and the Allahabad High Court (Single Judge, upheld by a Division Bench) set aside the original termination and granted him continuity of service, prompting the State's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the respondent had, by his own unequivocal letter of 7 February 1989, sought appointment as a fresh candidate and explicitly undertaken to forego any claim arising from his earlier service; having accepted a fresh appointment on that express condition, it was not open to him to later resile from that undertaking and claim continuity from the 1984 termination. The Court found that the High Court (both the Single Judge and the Division Bench) erred in entertaining and allowing a challenge to the 1984 termination order after the respondent had already accepted its consequences by seeking fresh employment. The appeal was accordingly allowed, the Division Bench's judgment of 18 May 2016 was set aside, and the direction granting continuity of service from the 1984 termination was reversed, with no order as to costs.

Lesson Learnt

A person who voluntarily accepts a fresh job offer on the express condition of giving up any claim to past service cannot later go back on that written undertaking to claim continuity or back-benefits from the earlier, already-closed employment period.

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

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