Yogesh Kumar v. The State of Uttar Pradesh and Others

Civil Appeal · 2025 INSC 379Decided 18 Mar 2025
C.A. No.-003823-003823 - 2025 (arising out of SLP(C) No.5505 of 2020)
Justice B.R. Gavai · Justice Augustine George Masih

Background

The appellant was appointed as a court Stenographer in 2002 along with others, in excess of the number of posts actually advertised, and his services were terminated in 2005. His challenge to the termination itself failed all the way up to the Supreme Court, but in dismissing that earlier petition in 2012, the Court had expressly left him free to separately claim payment of salary for the roughly eight years he had actually worked. When he then made a representation for that salary and, after it was rejected, filed a fresh writ petition, the High Court dismissed it on the technical ground that the Court's earlier order required him to pursue "an appropriate civil action", meaning a suit before a civil court, not a writ petition.

Decision Breakdown

The Supreme Court held that the High Court had taken an unduly hyper-technical view of what counts as an "appropriate civil action," noting that it is undisputed the appellant actually worked for eight years and was never paid, and that courts exercising writ jurisdiction under Article 226 need not be rigidly technical, especially on undisputed facts that can be resolved without elaborate evidence. Relying on its own precedents holding that the State and courts must act as "model litigants" and not deny undisputed dues on technicalities, the Court set aside both the High Court's and the Single Judge's orders and directed that the appellant be paid his salary for the years actually worked, with 6% interest, plus Rs.1 lakh in costs for having been made to litigate repeatedly.

Lesson Learnt

Courts should not let rigid procedural labels ("civil suit" versus "writ petition") defeat a citizen's undisputed and long-delayed claim to wages actually earned; government bodies and the courts themselves are expected to act as fair, "model litigants" rather than using technicalities to avoid paying what is genuinely owed.

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