Allahabad High Court steps in to save man whose 33-year service was terminated at fag end of his career

A bench of Justices Saumitra Dayal Singh and Swarupama Chaturvedi allowed the appeal filed by the man.

The court held that the single judge’s order upholding the termination of the appellant’s service was unreasonable and arbitrary.

The court noted that the state being a model employer is obligated to discharge its functions with fairness and bear the responsibilities to treat its employees in a reasonable manner.

“The Constitutional mandate cast upon the State as a model employer is at much higher level than that of any other employer,” the court said.

It further noted that the appellant was giving continuous services for decades and was getting due salary like regular employees but he was not regularised instead removed arbitrarily.

“The appellant was providing continuous services for decades and was getting due salary along with all benefits like regular employees but he has not been regularised instead arbitrarily removed, and therefore in the facts of the case, the interference is warranted to enforce the rights of the appellant,” the court said.

While referring to various judgments, the high court enumerated the following principles-

• It is an established principle of law that where an employee has rendered long, uninterrupted service and has been regularly paid by the State Exchequer, he is justified in claiming regularization in whichever rule he is eligible, even if his original appointment was declared illegal, it does not stop him for claiming when he is eligible under any rule in future.
• Long-standing engagement by the respondents gives rise to a legitimate expectation on the part of the appellant for the regularisation of his service

The court, therefore, allowed the appeal and directed the state to regularise the services of the appellant under the Regularisation Rules, 1979, with all consequential benefits.

Background

The appellant was initially appointed as a mechanic in Kshetriya Gram Vikas Sansthan, Asafpur, Badaun in 1992 on a temporary basis for three months, with extensions granted until April 1993.

After his services were discontinued, he approached the High Court and secured an interim order in August 1993 allowing him to continue, while permitting the State to undertake regular recruitment. Eventually, his writ was dismissed.

Even after the dismissal of the writ petition, the appellant continued to provide his services without any interruption.

He moved a representation seeking regularisation of his services however no decision was taken on the recommendation. The appellant approached the high court which then directed the competent authority to decide the representation.

In pursuance of this order, the appellant’s services were discontinued with immediate effect. Feeling aggrieved by this, the appellant filed a plea which was rejected by a single judge.