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Supreme Court of India
Malook Singh vs State Of Punjab . on 28 September, 2021Author: Hon’Ble Dr. Chandrachud

CA 6026-28/2021

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Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal Nos 6026-6028 of 2021
(Arising out of SLP (C) Nos 14029-14031 of 2011)

Malook Singh and Others …Appellants

Versus
State of Punjab and Others …Respondents

WITH
Civil Appeal No 6024 of 2021
(Arising out of SLP (C) No 25310 of 2013)

AND WITH

Civil Appeal No 6025 of 2021
(Arising out of SLP (C) No 22674 of 2012)

Signature Not Verified

Digitally signed by
Chetan Kumar
Date: 2021.10.06
18:02:21 IST
Reason:
CA 6026-28/2021

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JUDGMENT

Dr Dhananjaya Y Chandrachud

1. Leave granted.

2. This batch of appeals arises from a judgment and order dated 15 March 2011 of

a Division Bench of the High Court of Punjab and Haryana.

3. For convenience of reference, the facts as they emerged in the lead Civil Appeal1

may be set out.

4. The appellants were appointed as clerks in 1975-1976 in the Punjab Civil

Secretariat on an ad hoc basis. On 3 May 1977, their services were regularized with

effect from 1 April 1977 pursuant to a policy of regularization. The policy of

regularization notes that in anticipation of regular appointments, ad hoc appointments

were resorted to by various appointing authorities in “administrative interest” after

notifying the vacancies to the employment exchange or, as the case may be, by issuing

advertisements. Since the ad hoc employees had acquired experience, and their ouster

after a considerable period of service would entail hardship, their services were

regularized, subject to certain terms and conditions. Clause (5) of the policy on

regularization contained the following stipulations:

“5. The seniority of the ad hoc employees whose

1
CA 6026-6028/2021 @ SLP(C) 14029-14031/2011
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appointments are regularized in terms of the above policy
shall be determined in the following manner:-

(a) After approval by the Appointing Authority the
regularization of their appointments shall date back to 1st
April, 1977 from which date their seniority shall be determined
vis-à-vis candidates appointed on regular basis after selection
through the prescribed agencies;

(b) The service rendered on ad hoc basis shall be taken into
account for purposes of determining inter se seniority among
the ad hoc employees themselves and a person having a
longer service shall be senior and if the date of appointment
on ad hoc basis is the same, then the older member shall be
senior to a younger member.”

5. From the above stipulations, it becomes evident that the regularization in terms of

the policy dated 3 May 1977, was to become effective on 1 April 1977 from which date

their seniority would be determined in relation to candidates who were appointed on a

regular basis after following the normal procedures for selection. However, as between

the ad hoc employees who were regularized, it was stipulated that service rendered on

an ad hoc basis shall be taken into account so that a person having a longer service

shall be senior and if the date of appointment on ad hoc basis was the same, the older

member would rank senior to the younger.

6. A batch of seventy-three clerks, including the appellants, who were working in the

office of the Punjab Civil Secretariat instituted a writ petition 2 under Article 226 to

challenge the seniority position as it stood on 31 December 1978 (Malook Singh v

State of Punjab). Besides the official respondents, twenty-seven private respondents

2
CWP No 2780/1980
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were impleaded as parties to the writ petition. These respondents, it must be noted,

were regularly appointed candidates who had been appointed after 1 April 1977. The

petitioners in those proceedings claimed the benefit of ad hoc service rendered by them

towards their seniority as against regularly recruited clerks appointed after them. By a

judgment and order dated 6 December 1991, a Single Judge of the High Court

observed that in terms of Rule 9 of the Punjab Civil Secretariat (State Service Class III)

Rules 1976, the seniority inter se of members of a service in each cadre would be

determined by the length of continuous service on a post in the cadre of service. The

Single Judge held that while the petitioners before the High Court had been regularized

from 1 April 1977, the private respondents were appointed subsequently. As a

consequence, those who were appointed subsequently could not claim seniority over

those who were regularized prior to their appointment. Besides the above finding,

Single Judge held that in view of the decision of this Court in Direct Recruit Class II

Engineering Officers’ Association v. State of Maharashtra3, once the services had

been regularized they would relate back to the date of their initial appointment and the

ad hoc service would have to be kept in view in determining seniority and other

benefits. The petition was allowed in the above terms.

7. The judgment of the Single Judge was carried in a Letters Patent Appeal by the

State of Punjab. The Division Bench, by its judgement dated 4 January 1993, held that

the Single Judge was justified in coming to the conclusion that persons who had been

3
(1990) 2 SCC 715
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regularized with effect from 1 April 1977 would rank senior to those who had been

recruited after their date of regularization and to that extent the petitioners before the

Single Judge had been correctly held to be senior to the private respondents. Having

held this, the Division Bench however clarified that it was expressing no opinion on the

second aspect which was adverted to by the Single Judge namely, that upon

regularization, the services of the petitioners for the purpose of seniority would relate

back to the date of their initial appointment. This question was left open to be dealt in an

appropriate case with a clarification that the judgment of the Single Judge would not be

treated as a binding precedent.

8. The Special Leave Petition4 against the judgment of the Division Bench was

dismissed by this Court on 16 July 1993. Contempt petitions were filed before the High

Court for non-compliance of the judgment of the Single Judge dated 6 December 1991.

During the pendency of the contempt petitions, the seniority list was redrawn and

finalized by an Office Order dated 14 January 1994. According to the seniority list, the

appellants to these proceedings were granted seniority with effect from their dates of

initial appointment by including the period of ad hoc service. The contempt petitions

were disposed of by the High Court by its order dated 12 August 1994.

4
SLP (C) No 7513 of 1993
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9. A batch of writ petitions5 was instituted before the High Court to challenge the

fixation of seniority. The persons who instituted these petitions had a grievance that the

fixation of seniority had been made without affording a hearing to them and that the

judgment of the High Court dated 6 January 1991 would not bind them since they were

not parties to the earlier writ petition6. The State of Punjab contested the proceedings.

The Single Judge, by an order dated 5 January 2011, allowed the writ petitions which

were instituted by the private respondents. The Single Judge came to the conclusion

that the judgment in CWP No 2780 of 1980 (Malook Singh v. State of Punjab) had

been overruled by a Division Bench of the High Court in Gurmail Singh v. State of

Punjab7. The Single Judge also noted that another writ petition8 was filed before the

High Court, which was allowed by a Single Judge of the High Court on 24 December

1997, on the basis of the decision in Malook Singh’s case. Against the said judgment,

a Letters Patent Appeal9 was preferred, which was allowed on 8 January 1999,

adverting to the fact that in Gurmail Singh’s case, the decision in Malook Singh had

been overruled. Moreover, it was also observed that in the Letters Patent Appeal, which

was filed before the Division Bench in Malook Singh’s case, it was specifically

observed that the judgment of the Single Judge would not be cited as a precedent to

determine whether ad hoc service would be reckonable for the purpose of seniority.

Against the judgement of the Division Bench of the High Court, Special Leave

5
Writ Petition Nos 2607 of 1994, 1702 of 1994 and 2341 of 1995
6
CWP No 2780 of 1980
7
CWP No. 9200 of 1993 decided on 21 July 1994.
8
CWP No 16488 of 1995
9
LPA No 133 of 1998
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Petitions10 were filed before this Court which were dismissed in limine on 19 July 1999.

After adverting to these developments, the Single Judge came to the conclusion that it

was a well settled principle that where the initial appointment is made without following

due procedure in accordance with the mandate of Articles 14 and 16, ad hoc service

would not count for the determination of seniority. The Single Judge held that the

decision in Malook Singh’s case having attained finality would bind the State, the

petitioners and the private respondents who were parties to that proceeding. The rights

of parties which were determined by a conclusive judgment could not be thus reopened

as between the parties to that proceeding. Consequently, the Single Judge held that as

between the parties to the decision in Malook Singh’s case, the judgment would be

treated as final and binding. On the other hand, the persons who were appointed by a

due process of selection and were not parties to the earlier proceedings in Malook

Singh’s case would not be bound by the decision.

10. Following the judgment of the Single Judge, Letters Patent Appeals11 were

carried to the Division Bench. The Division Bench by its judgment and order dated 15

March 2011, dismissed the Letters Patent Appeals. The Division Bench has held that

ad hoc service followed by regularization would not qualify for the purpose of fixing

seniority in view of the law settled by the Supreme Court. At the same time, the

judgment in Malook Singh’s case would nonetheless enure to the benefit of those who

were parties to the proceedings but would not adversely affect the rights of others who
10
SLP No 8534-35 of 1999
11
LPA Nos 471, 472 and 476 of 2011
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were not parties to the proceedings. The judgment of the Division Bench has given rise

to the present appeal.

11. While entertaining the Special Leave Petition initially on 6 June 2011, an order of

status quo was passed while issuing notice. Subsequently, on 27 April 2012, the order

was modified since the State Government submitted to the Court that there were

vacancies in the cadre of Under Secretaries and Deputy Secretaries which were

required to be filled up. The application for modification was allowed by permitting the

State government to fill up the available vacancies on an ad hoc basis. At that stage,

the Court was apprised of the fact that out of eighteen petitioners, only two petitioners

who were working as Superintendents at the relevant time were eligible for promotion

against the vacancies. During the past decade that these proceedings have remain

pending before this Court, all the appellants as well as the respondents have been

promoted and almost all of them have, as a matter of fact, retired from service.

12. Mr P S Patwalia, learned senior counsel appearing on behalf of the appellants in

the appeal arising out of the lead Special Leave Petition12 has urged the following

submissions:

(i) All the appellants have, as a matter of fact, received their promotions

during the pendency of the proceedings and have retired, beginning well

over a decade ago;

12
SLP (C) Nos 14029-14031 of 2011
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(ii) When the appellants were appointed on an ad hoc basis, the initial

appointment, strictly speaking cannot be construed to be of a back door

entry having regard to the fact that the employment exchange was notified

and they were selected by regular selection committees though not by the

Punjab Subordinate Service Selection Board13;

(iii) The High Court has correctly come to the conclusion that as between the

parties to the decision, in Malook Singh’s case, the judgment would

continue to bind notwithstanding the fact that it has been subsequently

disapproved in another judgment of High Court; and

(iv) In consequence, insofar as the State is concerned, it would be bound to

give effect to the decision in Malook Singh and at this stage, all that the

appellants would seek is that their pensionary payments be duly protected.

13. On the above premises, Mr Patwalia, learned senior counsel submits that at this length

of time, it would be manifestly in the interest of justice if the pensionary benefits which are

being drawn by the appellants are protected and a direction is issued by this Court in the

exercise of its jurisdiction under Article 142 of the Constitution restraining the State from

making any recoveries in respect of the payments which have already been made.

13
PSSSB
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14. Ms Anusha Nagarajan, counsel appearing on behalf of the State of Punjab has on the

other hand, urged the following submissions:

(i) Though the judgment of the Single Judge in Malook Singh’s case had

held that the benefit of ad hoc service must be counted for the purpose of

determining seniority of those who are regularized with effect from 1 April

1977, this was specifically kept open by the Division Bench in the Letters

Patent Appeal and as a consequence, the claim for counting ad hoc

service in determining seniority was not decided;

(ii) The order of regularization dated 3 May 1977, specifically provides that (a)

seniority shall be reckoned from 1 April 1977; and (b) as between ad hoc

employees whose services were regularized, their inter se seniority would

be based on the length of ad hoc service;

(iii) In CWP No 2780 of 1980, the respondents were directly recruited

candidates who were appointed after 1 April 1977, as a consequence of

which, the Single Judge had come to the conclusion that the persons who

were regularized with effect from 1 April 1977 would rank senior to those

who were recruited after that date;

(iv) As a matter of fact, in the first round of proceedings, persons who were

directly recruited and appointed prior to 1 April 1977 were not impleaded

as parties to the proceedings and clearly, they would not be governed by
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the earlier judgment which would not bind them; and

(v) In this backdrop, having regard to the well settled position in law, it was

correctly held by the Single Judge of the High Court that ad hoc service of

persons who had originally been appointed without following due

procedure would not count for the purpose of seniority.

15. Learned counsel consequently submitted that having due regard to the fact that

the principle which was sought to be espoused by the Single Judge in Malook Singh’s

case – that ad hoc appointment would count for the purpose of seniority has been

overruled not only by the High Court subsequently, but does not reflect the correct

position in law, the impugned judgment of the Division Bench would need to be

sustained. At the same time, learned counsel has expressed before the Court the

practical difficulty of redrawing and revising the seniority list at this length of time in

respect of persons who were appointed as far back as in 1977, all of whom have retired

from service after receiving their promotion orders.

16. During the course of these proceedings, we have also heard Mr Arun K Sinha,

learned counsel appearing on behalf of some of the contesting respondents and Mr

Surjit Singh Swaich, learned counsel appearing on behalf of the appellants in the

companion appeals. Insofar as the private respondents represented by Mr Sinha are

concerned, it may be noted that their grievance specifically is in regard to the manner of

appointment of the appellants. In the counter affidavit which has been filed in these
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proceedings on their behalf, it has been stated that the policy of the State of Punjab

dated 3 May 1977 regularizing the services of the ad hoc employees with effect from 1

April 1977 clarified that seniority shall be determined with effect from that date. During

the period from 1 April 1977 (the effective date of regularization) and 3 May 1977 (the

date of issuing the order for regularization), some clerks had joined on different dates

on the recommendations of the PSSSB. Though the recommendations of the PSSSB

were made on diverse dates between December 1976 and April 1977, they had joined

service before the issuance of the notification of regularization in the cadre of clerks as

it stood on 31 December 1978. On these grounds, it has been submitted that the

appellants ought not to rank higher in seniority on the basis of the length of ad hoc

service.

17. Mr Surjit Singh Swaich, learned counsel has appeared on behalf of a batch of

persons who were petitioners before the High Court in another batch of writ petitions14.

It may be noted at this stage, that they had sought seniority on the basis of the

judgment in Malook Singh’s case. The High Court has rejected their claim on the

ground that Malook Singh is not an authority for the proposition that ad hoc service

prior to the date of regularization should count in the effectuation of seniority and, in any

event, the issue has been kept open in the judgment of the Division Bench in a Letters

Patent Appeal against the judgment of the Single Judge.

14
CWP No 16925 of 2003 and CWP No 4490 of 1994.
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18. As a matter of first principle, the view which has been adopted in the impugned

judgment of the Division Bench of the High Court cannot be faulted. The policy for

regularization issued on 3 May 1977 is clear in regard to the date of regularization, the

principle for reckoning seniority and the basis on which seniority should be reckoned

inter se between persons belonging to the group of ad hoc employees who were

regularized. The policy clearly specifies that regularization would be granted to persons

who had fulfilled a minimum of one year service as on 31 March 1977. As regards

seniority, clause 5(a) specifies that the seniority, upon regularization would date back to

1 April 1977 vis a vis candidates appointed on a regular basis after selection through

the prescribed procedure. As between ad hoc employees who were regularized, inter

se seniority would however be based on the length of service so that a person

possessing longer service would rank senior to a junior in terms of the length of service.

19. The judgment of the Single Judge in Malook Singh’s case essentially dealt with

two facets. The first was that persons who were recruited after following the regular

procedure for selection after the date of regularization of ad hoc employees on 1 April

1977 could not rank senior to those who had been regularized prior to their date of

appointment. The second aspect on which the Single Judge held in favour of the

petitioners in CWP No 2780 of 1980 was that once regularization takes place, the

length of ad hoc service must count for the determination of seniority. It is important to

note here that the second facet of the judgment of the Single Judge was specifically

kept open in the Letters Patent Appeal by the Division Bench. Therefore, clearly the
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judgment in Malook Singh’s case did not conclude the issue of whether ad hoc service

would count for the purpose of determining seniority.

20. The law on the issue of whether the period of ad hoc service can be counted for

the purpose of determining seniority has been settled by this Court in multiple cases. In

Direct Recruits (supra), a Constitution Bench of this Court has observed:

“13. When the cases were taken up for hearing before us,
it was faintly suggested that the principle laid down in
Patwardhan case [(1977) 3 SCC 399: 1977 SCC (L&S)
391: (1977) 3 SCR 775] was unsound and fit to be
overruled, but no attempt was made to substantiate the
plea. We were taken through the judgment by the learned
counsel for the parties more than once and we are in
complete agreement with the ratio decidendi, that the
period of continuous officiation by a government servant,
after his appointment by following the rules applicable for
substantive appointments, has to be taken into account for
determining his seniority; and seniority cannot be
determined on the sole test of confirmation, for, as was
pointed out, confirmation is one of the inglorious
uncertainties of government service depending neither on
efficiency of the incumbent nor on the availability of
substantive vacancies. The principle for deciding inter se
seniority has to conform to the principles of equality spelt
out by Articles 14 and 16. If an appointment is made by
way of stop-gap arrangement, without considering the
claims of all the eligible available persons and without
following the rules of appointment, the experience on
such appointment cannot be equated with the
experience of a regular appointee, because of the
qualitative difference in the appointment. To equate
the two would be to treat two unequals as equal which
would violate the equality clause. But if the appointment
is made after considering the claims of all eligible
candidates and the appointee continues in the post
uninterruptedly till the regularization of his service in
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accordance with the rules made for regular substantive
appointments, there is no reason to exclude the officiating
service for purpose of seniority. Same will be the position if
the initial appointment itself is made in accordance with the
rules applicable to substantive appointments as in the
present case. To hold otherwise will be discriminatory and
arbitrary…..

…..

47. To sum up, we hold that

(A) Once an incumbent is appointed to a post
according to a rule, his seniority has to counted from
the date of appointment and not according to date of
his confirmation. The corollary to the above rule is that
where the initial appointment is only ad hoc and not
according to rules and made as a stop-gap
arrangement, the officiation in such post cannot be
taken into account considering the seniority.”

(emphasis supplied)

The decision in Direct Recruits (supra) stands for the principle that ad hoc service

cannot be counted for determining the seniority if the initial appointment has been made

as a stop gap arrangement and not according to rules. The reliance placed by the

Single Judge in the judgement dated 6 December 1991 on Direct Recruits (supra) to

hold that the ad hoc service should be counted for conferring the benefit of seniority in

the present case is clearly misplaced. This principle laid down in Direct Recruits

(supra) was subsequently followed by this Court in Keshav Chandra Joshi v. Union of

India15. Recently a two judge Bench of this Court in Rashi Mani Mishra v. State of

Uttar Pradesh16, of which one of us (Justice DY Chandrachud) was a part, observed

15
1992 Supp (1) SCC 272
16
2021 SCC OnLine SCC 509
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that the services rendered by ad hoc employees prior to their regularization cannot be

counted for the purpose of seniority while interpreting the Uttar Pradesh Regularization

of Ad Hoc Appointment Rules. This Court noted that under the applicable Rules,

“substantive appointment” does not include ad hoc appointment and thus seniority

which has to be counted from “substantive appointment” would not include ad hoc

service. This Court also clarified that the judgement in Direct Recruits (supra) cannot

be relied upon to confer the benefit of seniority based on ad hoc service since it clearly

states that ad hoc appointments made as stop gap arrangements do not render the ad

hoc service eligible for determining seniority. This Court speaking through Justice MR

Shah made the following observations:

“36. The sum and substance of the above discussion
would be that on a fair reading of the 1979 Rules,
extended from time to time; initial appointment orders in
the year 1985 and the subsequent order of regularization
in the year 1989 of the ad hoc appointees and on a fair
reading of the relevant Service Rules, namely Service
Rules, 1993 and the Seniority Rules, 1991, our conclusion
would be that the services rendered by the ad hoc
appointees prior to their regularization as per the 1979
Rules shall not be counted for the purpose of seniority, vis-
à-vis, the direct recruits who were appointed prior to 1989
and they are not entitled to seniority from the date of their
initial appointment in the year 1985. The resultant effect
would be that the subsequent re-determination of the
seniority in the year 2016 cannot be sustained which was
considering the services rendered by ad hoc appointees
prior to 1989, i.e., from the date of their initial appointment
in 1985. This cannot be sustained and the same deserves
to be quashed and set aside and the seniority list of 2001
counting the services rendered by ad hoc appointees from
the date of their regularization in the year 1989 is to be
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restored.

37. Now so far as the reliance placed upon the decision of
this Court in the case of Direct Recruit Class II Engg.
Officers’ Assn. (supra), relied upon by the learned Senior
Advocate appearing on behalf of the ad hoc appointees is
concerned, it is required to be noted that even in the said
decision also, it is observed and held that where initial
appointment was made only ad hoc as a stop gap
arrangement and not according to the rules, the officiation
in such post cannot be taken into account for considering
the seniority. In the case before this Court, the
appointments were made to a post according to rule but as
ad hoc and subsequently they were confirmed and to that
this Court observed and held that where appointments
made in accordance with the rules, seniority is to be
counted from the date of such appointment and not from
the date of confirmation. In the present case, it is not the
case of confirmation of the service of ad hoc appointees in
the year 1989. In the year 1989, their services are
regularized after following due procedure as required
under the 1979 Rules and after their names were
recommended by the Selection Committee constituted
under the 1979 Rules. As observed hereinabove, the
appointments in the year 1989 after their names were
recommended by the Selection Committee constituted as
per the 1979 Rules can be said to be the “substantive
appointments”. Therefore, even on facts also, the decision
in the case of Direct Recruit Class II Engg. Officers’ Assn.
(supra) shall not be applicable to the facts of the case on
hand. At the cost of repetition, it is observed that the
decision of this Court in the case of Direct Recruit Class II
Engg. Officers’ Assn. (supra) was considered by this Court
in the case of Santosh Kumar (supra) when this Court
interpreted the very 1979 Rules.”
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The notification dated 3 May 1977 stated that the ad hoc appointments were made in

administrative interest in anticipation of regular appointments and on account of delay

that takes place in making regular appointment through the concerned agencies. In this

regard, the vacancies were notified to the Employment Exchange or advertisements

were issued, as the case maybe, by appointing authorities. The appointments were not

made on the recommendation of the Punjab Subordinate Service Selection Board.

However, subsequently a policy decision was made to regularize the ad hoc appointees

since their ouster after a considerable period of service would have entailed hardship.

Thus, the initial appointment was supposed to be a stop gap arrangement, besides

being not in accordance with the rules, and the ad hoc service cannot be counted for

the purpose of seniority.

21. Now the question that remains is that who would be bound by the judgement

given in Malook Singh judgement which was subsequently overruled in Gurmail

Singh. In State of Rajasthan v. Nemi Chand Mahela17 a two judge Bench of this Court

has elucidated the difference between the doctrine of res judicata and law of precedent

in the following terms:

“11…The reasoning given in paras 22 and 23 in
Manmohan Sharma case [Manmohan Sharma v. State of
Rajasthan, (2014) 5 SCC 782 : (2014) 2 SCC (L&S) 8]
relating to the case of Danveer Singh would reflect the
difference between the doctrine of res judicata and law of
precedent. Res judicata operates in personam i.e. the
matter in issue between the same parties in the former

17
(2019) 14 SCC 179
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litigation, while law of precedent operates in rem i.e.
the law once settled is binding on all under the
jurisdiction of the High Court and the Supreme Court.
Res judicata binds the parties to the proceedings for
the reason that there should be an end to the litigation
and therefore, subsequent proceeding inter se parties
to the litigation is barred. Therefore, law of res judicata
concerns the same matter, while law of precedent
concerns application of law in a similar issue. In res
judicata, the correctness of the decision is normally
immaterial and it does not matter whether the previous
decision was right or wrong, unless the erroneous
determination relates to the jurisdictional matter of
that body. [Internal citations omitted]”
(emphasis supplied)

Thus, a binding decision of the court which has attained finality would bind the parties to

the proceedings inter-se. The private respondents in Malook Singh’s case were

persons who had been recruited after 1 April 1977 albeit after following a regular

process of selection. The judgment, therefore, would only bind those who are parties to

the proceedings. The judgment would by no means operate to bind others whose

interest did not coincide with the private respondents who are impleaded in the

proceedings. This is precisely the reason why the Single Judge in the subsequent

proceedings held that the seniority list which was prepared pursuant to the earlier

judgment would not operate to bind those persons who were not parties to the earlier

proceedings and were adversely affected. In this backdrop, there is no reason for this

Court to take a different view than that which has weighed with the High Court in

coming to the conclusion that in view of the express terms of the policy of
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regularization, seniority would date with effect from the date of regularization.

22. Having resolved the above issue, as a matter of principle, the Court is then left

with moulding the relief. Both the appellants and the private respondents, as well as the

appellants in the companion appeals have from time to time received their promotions

during the pendency of these proceedings and have retired from service. Some among

them have retired nearly a decade ago. There may be some merit in the submissions

which have been urged by Mr P S Patwalia, learned senior counsel that the judgment in

CWP No 2780 of 1980 must govern those who are parties to the proceedings and

cannot be resiled from by the State which was bound by the ultimate direction.

Recasting the seniority of persons who have retired from service after receiving

promotions and reworking the dates of notional promotion at this stage for the entire

cadre going back all the way to 1 April 1977 is a daunting exercise for the State of

Punjab. This is a point which was emphasized by Ms Anusha Nagarajan in the course

of her submissions. Revising the seniority at this length of time would cast an

insuperable burden on the State. During the pendency of these proceedings, an

exercise was directed to be conducted on a limited basis, for which several months

were required. Retrieving correct data to rework seniority commencing from April 1977

would be extremely difficult, resulting in further litigation. With this backdrop, when

most of the pensioners have retired from service several years ago, it would be in the

interests of justice if the pensionary benefits which they are now receiving are duly

protected both against recoveries and in respect of their disbursement for the future.
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Such a direction would be manifestly in the interest of justice and accordingly we issue

an order under Article 142 of the Constitution to that effect. Insofar as the private

respondents are concerned, they too like the appellants have been promoted from time

to time during the pendency of these proceedings since 2011 and are in the receipt of

pensionary benefits. The matter, in our view, must rest there so that the pensioners are

not left in a state of uncertainty at this stage of their lives after rendering long years of

service to the State in the Punjab Civil Secretariat.

23. Consequently, while we affirm the judgment of the Division Bench on the issue of

the principle which has been decided above, we direct that:

(i) The pensionary benefits which are being disbursed to the appellants shall not be

disturbed. Likewise, the pensionary payments which are being disbursed to the

respondents shall be paid over in accordance with law;

(ii) No recoveries shall be made of any nature whatsoever from the appellants; and

(iii) Insofar as the companion appeals are concerned, as recorded earlier, CWP No

16925 of 2003 and CWP No 4490 of 1994 were instituted on the basis of the

observations of the Single Judge in Malook Singh’s case. That aspect has been

duly clarified both in the Letters Patent Appeal and by the Single Judge in the

judgment dated 5 January 2011. Hence, no further directions are required in the

companion appeals. Both sets of appeals are disposed of.
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24. The appeals are accordingly disposed of.

25. Pending applications, if any, stand disposed of.

.…….…………….……………………..J
[Dr Dhananjaya Y Chandrachud]

..…….………..……………….………..J
[Vikram Nath]

..…….………..……………….………..J
[B V Nagarathna]
New Delhi;
September 28, 2021

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