The Madhya Pradesh High Court has ordered the reinstatement of a worker dismissed from service in 2017, ruling that an employee who has rendered over two decades of service cannot be removed on the grounds of irregularities in their original appointment, particularly when there is no allegation of fraud or misrepresentation on the employee’s part.
The case involved Bhagwandeen, who was appointed as a peon in 1995 through a compassionate appointment process. His father-in-law had taken voluntary retirement on medical and personal grounds and requested that Bhagwandeen be considered for appointment in his place; a practice permitted under the policy in force at the time. After undergoing a proper selection process, he served continuously for over 22 years without complaint.
His termination in 2017 followed a state-level scrutiny exercise initiated under an earlier PIL related to irregular public appointments, which flagged his appointment as contrary to applicable rules. The state contended that a subsequent government circular dated January 1995 had altered the eligibility criteria, and that Bhagwandeen’s appointment did not comply with the revised framework.
A Division Bench comprising Justice Vivek Rusia and Justice Pradeep Mittal rejected this argument. The court held that a circular issued after the selection process could not be applied retrospectively to invalidate an appointment that had already been completed under the prevailing policy. More broadly, it emphasised that administrative lapses by the employer cannot be used to penalise an employee after a long passage of time.
The High Court quashed the 2017 termination order and directed reinstatement with all consequential service and promotional benefits going forward. Bhagwandeen will not receive back wages for the period of his dismissal.
