Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Regularization in Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Regularization in Service – Respondents were appointed as Assistant Managers in the service of appellant on contract for a period of one year in 2000 – They continued till 2006 – They were initially regularized in service on 23.02.2006 – In 2007, however, order of regularization was cancelled - Single Judge set aside the order by which the regularization of the respondents was cancelled and directed to reinstate respondents in service with retrospective effect – However, no arrears of salary were granted – Upon their regularization, respondents were promoted as Deputy Managers in 2014 – In 2016, Committee was constituted for the scrutiny of the seniority and promotion of regular employees in the managerial service of Appellant – Committee finalized the seniority list in 2017 – Respondents filed writ petition challenging it to the extent that they were held not entitled to count the period of service when they stood retrenched towards increments and promotion – High Court allowed writ petitions and directed to grant promotion to the respondents along with arrears of salary for the period when they were out of service and the period during which they were kept out of service to be treated as notional service in the post of Manager and Chief Manager – On appeal, held: There was no justification to exclude the period during which the respondents were not in service due to the illegal termination of employment which was subsequently set aside – The order by which regularization of respondents was cancelled was set aside by High Court with direction to reinstate them in service with retrospective effect from 12.09.2007 – This clearly implied that they were entitled to benefit of continuity of service – However, respondents shall not be entitled to arrears of salary for the period they were out of service – Kerala Transport Development Finance Corporation Rules – r.18. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 121 |
Petitioner | Kerala Transport Development Finance Corporation Limited |
Respondent | Basil T K & Ors |
SCR | [2022] 3 S.C.R. 1008 |
Judgement Date | 2022-05-31 |
Case Number | 806 |
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