Government Has Vicarious Liability Of Compensating Loss Caused To Anyone Due To Mistakes Committed By Its Employees: Madras HC
|The Madras High Court has stated that the Government has a vicarious liability for compensating the loss caused to anyone by the mistake committed by its employees.
The Madurai Bench clarified that an employee who loses their job due to their superior's mistakes was entitled to claim monetary compensation for the loss of service. The Court stated that the Government cannot at their own “sweet will” after fourteen years declare an employee's appointment temporary and cancel it whenever the Government “pleases to do so.”
A Single Bench of Justice R.N. Manjula observed, “So far this petitioner is concerned, there is no allegation against him that he has suppressed any material facts in order to get an appointment in the fourth respondent Union. For the error on the part of the Appointing Authority in not following the guidelines of communal rotation, the petitioner cannot be penalised or made as a scapegoat. The Government, being the model employer, cannot adopt such atrocious practices of cancelling the appointment of a person after fourteen long years for the fault of its own officer involved in the recruitment.”
Advocate H. Mohammed Imran represented the petitioner, while Spl GP M. Lingadurai appeared for the respondents.
The petitioner (employee) was appointed as a Jeep Driver through the Employment Exchange in the Krishnarayapuram Panchayat Union (Panchayat). The employee challenged the cancellation of his appointment after 14 years of service. The cancellation order stated that the employee was wrongly appointed in the place reserved for the Scheduled Castes (Arunthathiyars on Preferential Basis) with regard to communal rotation.
The Panchayat justified that cancellation by stating that the appointment was made on a temporary basis. However, the Court pointed out that though the appointment order stated that the employee had been appointed temporarily, he has been kept under the Contributory Pension Scheme (CPS). The said fact, as per the Court had also been stated in the appointment order.
The Bench stated that “the Government has got a vicarious liability for compensating the loss caused to anyone in view of the mistake committed by its own employees. Even the matter is viewed in that perspective, the petitioner who would loose his services due to the mistake of his superior would be entitled to stake a claim for his monetary benefits attached to his loss of service as compensation.”
Therefore, the Bench held, “Instead of bearing such a liability, it would be ideal on the part of the respondents to continue to engage the services of the petitioner by allowing him to continue in service. Even the petitioner has not stated that he has opted to seek compensation instead of getting reinstatement. It is reiterated that the petitioner's services have been terminated for none of his fault.”
Consequently, the Court directed the respondents to reinstate the employee into service and ordered that “the period for which the petitioner was kept out of service until his reinstatement shall be treated as continuity of service with all other attendant and monetary benefits including backwages.”
Accordingly, the High Court allowed the petition.
Cause Title: R. Sasikumar v. The State of Tamil Nadu & Ors.
Appearance:
Petitioner: Advocate H. Mohammed Imran
Respondents: Spl GP M. Lingadurai; Addl GP G.Suriya Ananth