Krishnendu Aich v. State of Chhattisgarh
Case brief
What is this about?
In these writ petitions, employees formerly serving as Shikshakarmis who were later absorbed into the regular School Education Department challenged inconsistent administrative orders that denied pension eligibility for pre-absorption service. The Court noted the absence of a settled executive policy defining the 'date of appointment' for reckonable service. Citing judicial restraint principles, the Court held that fixing the exact date involves policy-making beyond judicial purview. Consequently, it directed the State Government to reconsider the issue, ensuring uniformity and compliance with constitutional principles, and to communicate a reasoned decision within 120 days
What did the court decide?
The State Government is directed to consciously reconsider the issue of reckonable service for absorbed Shikshakarmis and issue a uniform, speaking decision within 120 days, ensuring compliance with constitutional guarantees of equality and fairness.