Court directs regularization of employee's service, condemns termination based on initial irregular appointment.
In a significant ruling, the Madhya Pradesh High Court at Jabalpur has overturned the termination of Kalyan Singh Pawar, an employee with nearly three decades of service, whose employment was terminated on the grounds of an irregular initial appointment. The judgment, delivered by Justice Deepak Khot, emphasized the principles of natural justice and the obligations of a welfare state towards its employees.
The petitioner, Kalyan Singh Pawar, had been employed by the State of Madhya Pradesh since 1985, initially as a Daftary on a daily wage basis. His services were regularized in 1990, and he was subsequently promoted to the post of Assistant Grade III. However, in 2015, a show cause notice was issued to him, questioning the validity of his original appointment as it was allegedly against the promotional norms outlined in the M.P. Nagar Evam Gramin Niyojan (Chaturth Shreni) Seva Bharti Niyam, 1978.
Despite a detailed reply to the notice, the petitioner’s services were terminated in 2017. The court found this termination unjust, particularly because there was no evidence of fraud or misrepresentation on Pawar's part. The court noted that the petitioner was duly qualified and had been appointed to a sanctioned post, receiving various service benefits over the years, including promotions and pay scale revisions.
The court referred to the landmark judgment of State of Karnataka v. Uma Devi, emphasizing that irregular appointments, when not illegal, can be regularized as a one-time measure, especially when the employee has served for a significant period. The judgment criticized the state's decision to terminate an employee who had contributed significantly over the years, highlighting that the state, as a welfare entity, should have considered regularizing the appointment instead.
Justice Khot directed the state to regularize Pawar’s service on a post of direct recruitment, adjusting the salary and emoluments received on the promotional post accordingly. The decision underscores the judiciary’s role in safeguarding employee rights and ensuring fair treatment within the framework of service law and principles of natural justice.
Bottom line:-
State authorities cannot terminate the services of an employee who has rendered a significant period of service due to irregularity in the initial appointment. Instead, steps must be taken to regularize such employees in accordance with the law, following the principles of natural justice.
Statutory provision(s):
- Article 226 of the Constitution of India
- M.P. Nagar Evam Gramin Niyojan (Chaturth Shreni) Seva Bharti Niyam, 1978
- Reference to State of Karnataka v. Uma Devi, (2006) 4 SCC 1
