Service Law: Concession-based orders – Public employer conceding in course of proceedings to a compromise – Such compromise, when not justified – Held: Fairness demands that public bodies, as model employers, do not pursue untenable submissions – In such cases, a concession, which is based on law, and accords to a just interpretation of the concerned law and/or rules, is sustainable – However, it is altogether another thing for a public employer, whose conduct is questioned, and who has succeeded on the merits of the case before the lower forum to voluntarily agree, in an unreasoned manner, to a compromise – The harm and deleterious effect of such conduct is to prioritize the claim of those before the court, when it is apparent that a large body of others, waiting with a similar grievance (and some of whom probably have a better or legitimate claim on merits to be appointed) are not parties to the proceedings – In such cases, a compromise is not only unjustified, it is contrary to law and public interest – Compromise/Settlement.
Constitution of India: Art. 14 – Negative equality – Held: A principle, axiomatic in this country’s constitutional lore is that there is no negative equality – If there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality.
Basawaraj & Anr. v. Special Land Acquisition Officer (2013) 14 SCC 81 : [2013] 8 SCR 227; Chandigarh Admn. v. Jagjit Singh, (1995) 1 SCC 745 : [1995] 1 SCR 126; Anand Buttons Ltd. v State of Haryana (2005) 9 SCC 164; K.K. Bhalla v. State of M.P. (2006) 3 SCC
581 : [2006] 1 SCR 342; Fuljit Kaur v. State of Punjab (2010) 11 SCC 455 : [2010] 7 SCR 317; Chaman Lal v. State of Punjab (2014) 15 SCC 715 : [2014]
6 SCR 311; and The State of Odisha v. Anup Kumar Senapati 2019 SCC Online SC 1207 – relied on.
Uttar Pradesh & Ors. v. Aravind Kumar Srivastava & others (2015) 1 SCC 347 : [2014] 12 SCR 193; C. Channabasavaiah v. State of Mysore [1965] 1 SCR 360 and Ahmedabad Municipal Corporation & Ors. v. Rajubhai Somabhai Bharwad & Ors. 2015 (7) SCC 663 : [2015] 8 SCR 263 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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