Judicial officers wrongfully discharged from service can't be denied promotional pay scales: SC

30/07/2026

NEW DELHI, Jul 29: The Supreme Court on Wednesday held that a judicial officer, who was wrongfully discharged from service and later reinstated, could not be denied career progression benefits merely because annual confidential reports (ACRs) for the intervening period were unavailable.
The apex court observed that an employer cannot derive an advantage from its own wrongful act and held that the officer's entitlement should be assessed on the basis of the remaining valid ACRs.
A bench comprising Justices J B Pardiwala and Manoj Misra passed the order while hearing an application by the Rajasthan High Court seeking clarification on whether the top court's 2022 order reinstating Rajasthan judicial officer Abhay Jain with continuity of service, seniority and other consequential benefits would also entitle him to higher pay scales despite the absence of ACRs for six years when he remained out of service.
The court ruled that Jain was entitled to the grant of Selection Scale from July 16, 2018 and Super Time Scale from July 16, 2021, along with consequential benefits.
“We hold that since the applicant (Rajasthan High Court) was itself responsible for the opponent’s wrongful discharge and the resultant non-availability of the requisite number of ACRs, the said circumstance could not have been relied upon by it to deny the opponent the grant of Selection Scale or Super Time Scale,” the court said.
Jain, appointed as a judicial officer in 2013, was discharged from service in 2016. In March 2022, the apex court quashed the discharge order, directed his reinstatement with continuity of service and seniority, and awarded 50 per cent back wages.
After his reinstatement, the Rajasthan High Court considered his case for Selection Scale and Super Time Scale but sought clarification from the Supreme Court as ACRs for the period from 2016 to 2021 were unavailable since he had not performed judicial duties during that time.
The apex court said the absence of ACRs was a direct consequence of the high court's wrongful action in discharging him from service and could not be used against him.
"It would be manifestly unjust to permit the applicant to rely upon a shortcoming which it itself created in order to deny the opponent of the consequential service benefits," the bench said.
The court observed that an employer cannot derive an advantage from its own wrongful act and held that Jain's entitlement should be assessed on the basis of the valid ACRs available for 2013 and 2014.
“We hold that the opponent’s entitlement to the Selection Scale and Super Time Scale is liable to be determined on the basis of his valid ACRs for the years 2013 and 2014 (Part I & Part II), respectively,” it said.
The bench directed the Rajasthan High Court to re-fix his pay, revise all consequential benefits and disburse the arrears within three months.

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