Daijiworld Media Network – New Delhi

New Delhi, Jul 30: The Supreme Court has ruled that an employer cannot take advantage of its own wrongful actions to deny an employee career advancement and service benefits, directing that a Rajasthan judicial officer who was illegally removed from service be granted Selection Scale and Super Time Scale.

A bench of Justices J B Pardiwala and Manoj Misra observed that if an employee is unable to obtain Annual Confidential Reports (ACRs) because of an illegal dismissal, the employer cannot cite the absence of those records to deny promotions or other service benefits.

The court said the eligibility of such employees must be assessed based on the available service records, adding that a public servant cannot be penalised for the employer's unlawful conduct.

The ruling came while hearing a miscellaneous application filed by the Rajasthan High Court seeking clarification on a 2022 Supreme Court judgment that had quashed the discharge of 2013-batch judicial officer Abhay Jain and ordered his reinstatement with continuity of service, seniority and 50 per cent back wages.

Despite the apex court's earlier order, the Rajasthan High Court's Full Court in 2024 found Jain unsuitable for Selection Scale and Super Time Scale without assigning any reasons.

Rejecting the High Court's plea, the Supreme Court said an employer cannot use the consequences of its own illegal action to deprive an employee of benefits that would have accrued had the employee remained in service.

The bench noted that Jain could not have earned the required ACRs during the relevant period because he had been unlawfully kept out of service.

"The absence of the requisite ACRs is not attributable to any omission on the part of the officer, but is solely the direct consequence of the applicant's wrongful action," the court observed.

The apex court also clarified that uncommunicated ACRs cannot be used against an employee and held that once an employee is exonerated, they are entitled to all consequential benefits, including promotions, from the date they would ordinarily have become due.

The court directed that Jain be granted the Selection Scale with effect from July 16, 2018, and the Super Time Scale from July 16, 2021. It also ordered the Rajasthan High Court to revise his pay, calculate arrears in line with the earlier order granting 50 per cent back wages, and disburse all dues within three months.