1. Service regularization — Claim for parity with similarly situated employees. (Para 3 )
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1995 Supreme(SC) 1182
SUPREME COURT OF INDIA
(Punjab and Haryana High Court)
B L Hansaria, K Ramaswamy
RAJPAL, APPELLANT
VERSUS
STATE OF HARYANA AND OTHERS, RESPONDENTS.
Civil Appeal No. 11401 of 1995
decided on November 20, 1995.
Important Points
Special circumstances may entitle an individual to the same relief as others in similar positions, even if they were initially left out.
Subject
Employment Law - Regularisation of Service
Headnote
Delay - Regularisation of Service - Special Circumstances Entitling Appellant to Relief
Fact of the Case:
The appellant, the only person left out in the field, sought regularisation of service similar to others who were similarly situated and had their services regularised.
Finding of the Court:
The court found that the appellant, standing in the same position as others who were regularised, was entitled to the same relief based on special circumstances.
Issues: Regularisation of service, entitlement to relief, back wages
Ratio Decidendi: The court considered the special circumstance of the appellant being the only person left out in the field and held that he was entitled to the same relief as others whose services were regularised.
Final Decision: The appeal was allowed, and the appellant was directed to be taken into service within four weeks, with all consequential benefits except back wages.
Legal Category Hierarchy
Advocates:
Indu Malhotra, Mahinder Singh Dahiya, S.M.HEGDE KADAVE, SURUCHI AGARWAL
Indu Malhotra, Mahinder Singh Dahiya, S.M.HEGDE KADAVE, SURUCHI AGARWAL
Table of Contents
2. The court found that similarly situated persons were regularized and the appellant occupies the same position. (Para 3 )
3. Employees similarly situated to those already granted regularization and reinstatement are entitled to the same relief. (Para 3 )
4. Appeal allowed — Reinstatement with consequential benefits granted — Back wages denied. (Para 4 )
5. Whether an employee is entitled to regularization of service based on parity with similarly situated persons?
Yes, where persons similarly situated have been taken into service and regularized, an employee in the same position is entitled to the same relief. (Para 3 )
6. Whether reinstatement into service necessarily entails the payment of back wages?
No, the court may direct reinstatement and the grant of consequential benefits while specifically excluding the entitlement to back wages. (Para 4 )
ORDER
1. Delay condoned.
2. Leave granted.
3. In view of the order passed by this Court in SLPs (C) Nos. 3099-3100 of 1985 and batch, the persons similarly situated were admittedly taken into service and their services have been regularised. Under these circumstances, since the appellant, who is the only person left out in the field, also stands in the same position, we think, on this special circumstance, he is also entitled to the same relief.
4. The appeal is accordingly allowed. But the appellant would not be entitled to the back wages; he would, however, get all other consequential benefits. The respondents are directed to take the appellant into service within a period of four weeks from the date of the receipt of this order.
