NDLI: The Secretary to Government, Department of Co-operation, Food and Consumer Protection and Others Vs. Kingston David

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Appointment Compassionate grounds
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – Appointment – On Compassionate grounds – Father of respondent died in harness – Respondent applied for employment on compassionate grounds – Though respondent was qualified for the post of Junior Assistant since there was no vacancy in the post, he was given an option of either accepting the post of Record Clerk or of waiting his turn in seniority on compassionate grounds until a vacancy arose in the post of Junior Assistant – Respondent accepted the post of Record Clerk and was appointed with an undertaking that he would not claim the post of Junior Assistant – Subsequently however, the respondent instituted writ petition u/Art.226 of the Constitution seeking a revision of his appointment from the post of Record Clerk to the post of Junior Assistant with effect from the date of his initial appointment and for subsequent promotions by considering the service rendered in the cadre of Record Clerk – Respondent also sought back wages and other monetary benefits – The petition was dismissed by a Single Judge of the High Court – In writ appeal, Division Bench of the High Court reversed the judgment of the Single Judge – Challenge to – Held: The respondent took a conscious decision to avail of a public appointment on compassionate basis by opting to secure an appointment to the post of Record Clerk – Having accepted the appointment, it was not open to the respondent to challenge his appointment and to seek appointment as a Junior Assistant from the initial date of appointment – He was plainly estopped from doing so and could not have been appointed retrospectively to a post in which he had never worked – Division Bench of High Court ordered, in effect that though the respondent was appointed as a Record Clerk and served in that capacity, the appointment shouldnonetheless be treated as an appointment made to the post of a Junior Assistant from the initial date of appointment as a Record Clerk though without any consequential monetary benefits – Appellants were directed to give promotion from the cadre of Junior Assistant on that basis – Such a course of action is unknown to service jurisprudence – As a result of this direction, others who are similarly circumstanced, those who waited for a vacancy in the Junior Assistant’s post and those who opted another lower post, would be seriously affected by allowing the respondent to claim an undeserved benefit of this nature – Order of Division Bench of High Court set aside.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 870
Petitioner	The Secretary To Government, Department Of Co-operation, Food And Consumer Protection And Others
Respondent	Kingston David
SCR	[2021] 9 S.C.R. 733
Judgement Date	2021-12-11
Case Number	7655

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

The Secretary to Government, Department of Co-operation, Food and Consumer Protection and Others Vs. Kingston David

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