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Supreme Court of India 2017-09-07 allowed

State of U.P. thr. Its Secretary & Ors vs Meraj Ahmad

Bench: 3 — D.Y. Chandrachud

In Brief

A temporary government employee in Uttar Pradesh was dismissed in 1984 when charged with murder under Section 302 IPC. After acquittal in 1985, he sought fresh appointment, explicitly agreeing not to claim benefits of past service. The High Court later ordered restoration of his service with continuity. The Supreme Court reversed this, holding that once an employee accepts termination and seeks fresh appointment with an unequivocal undertaking to forego past service benefits, he cannot later challenge the termination or claim continuity of service.

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