Long service can cure irregularities in employment, entitling employees to post-retirement benefits despite lack of formal confirmation.

JUDGMENT :

(Prakash Padia, J.)

1. Heard Sri Anand Tiwari, learned counsel for the petitioner and Sri Shashank Shekhar Singh, learned counsel for the respondent no. 2/The Registrar, Aligarh Muslim University, Aligarh.

2. The writ petition was filed in the year 1993 challenging the order dated 27.07.1993 passed by the Section Officer on behalf of the Principal, S.T. High School, A.M.U. Aligarh. By the aforesaid order, the petitioner was informed that his services may not be required after 31.07.1993. The writ petition was duly entertained and the following interim order was granted by this Court on 14.09.1993 which is quoted below:-

"Sri Dilip Gupta has accepted notice on behalf of respondent nos. 1, 2 and 3. He prays for and is granted one month's time to file counter affidavit. Petitioners' will have three weeks' thereafter to file rejoinder.

List this petition immediately after expiry of the aforesaid period.

Meanwhile operation of the order dated 27th July, 1993, Annexure No. 3 to the writ petition shall remain stayed. Petitioners shall be allowed to work on the post of Mali and shall be paid salary."

3. The writ petition was dismissed in default vide order dated 07.12.2011. Restoration/Recall Application No. 2 of 2019 alongwith Delay Condonation Application No. 1 of 2019 was filed by the petitioner on 26.03.2019. The same were allowed by this Court vide order dated 05.01.2023. By the aforesaid order, the order dated 07.12.2011 was recalled and the writ petition was restored to its original number.

4. Though the writ petition was dismissed in default on 07.12.2011, since the parties did not have any knowledge of the aforesaid order, the petitioner was continued to work and also paid his salary regularly and subsequent to the same he was also superannuated from his services after attaining the age of superannuation st on 31 March, 2018. Before his retirement, a letter dated 29.05.2017 was written by the petitioner to the Vice Chancellor of the University. In the aforesaid letter a request has been made for confirmation of the service of the petitioner so he could get post retiral benefits. On the said application an order dated 04.02.2019 was passed by the Assistant Registrar (Administration-NT) addressed to the Principal, S.T. High School, Aligarh Muslim University, Aligarh. By the said letter, the request made by the petitioner was turned down on the ground that the writ petition was dismissed in default vide order 07.12.2011 and thereafter a legal opinion was sought for and pursuant to the same the application filed by the petitioner for his confirmation and other retiral benefits was turned down.

5. Aggrieved against the aforesaid an amendment application was filed by the petitioner in this writ petition which was numbered as Amendment Application No. 11 of 2023. The same was allowed by this Court vide order dated 06.11.2024. Subsequent to the same the amendments were duly incorporated in the writ petition and an amended copy of the writ petition was also filed. Counter affidavit and rejoinder affidavit have been exchanged on the amended writ petition and with the consent of the parties the same was disposed of finally at the admission stage itself.

6. Facts in brief as contained in the writ petition are that the Principal of the Institution in question, i.e., S.T. High School, Aligarh Muslim University, Aligarh is the appointing authority to the post of Mali. The Principal vide its order dated 27.02.1991 appointed the petitioner on the post of