The Supreme Court in India says Class-IV government employees can’t be fired for talking directly to higher-ups. In a recent case, Justices Gavai and Mishra sided with Chhatrapal, a district judiciary worker dismissed for reaching out to top officials, setting a new protection standard for direct communication.
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The Supreme Court of India has emphasizes the rights of Class-IV government employees, stating that direct representations to higher authorities, even bypassing the official channels, should not be grounds for termination.
This ruling came to light as Justices B R Gavai and P K Mishra delivered their judgment in favor of Chhatrapal, a district judiciary employee who faced dismissal for his direct appeals to the Registrar General of the Allahabad High Court and other high-ranking officials within the Uttar Pradesh government, including the Chief Minister.
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The bench articulated a significant observation, emphasizing that-
“A Class-IV employee, when in financial hardship, may represent directly to superiors but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed.”
This statement not only highlights the court’s understanding and empathy towards the financial struggles of lower-grade employees but also sets a precedent that direct communication in dire circumstances should not be penalized.
Further elaborating on their decision, the justices pointed out a notable inconsistency in the treatment of employees who had taken similar actions.
“Even otherwise, the appellant has cited examples of other employees of the Bareilly district court who sent representations directly to senior authorities but no action was taken against them.”
This comparison underscores a critical examination of fairness and equality in administrative actions against employees within the same judicial district.
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The Supreme Court’s verdict culminated in the reinstatement of Chhatrapal, overturning the previous judgment by the Allahabad High Court in 2019, which had dismissed his writ petition against the dismissal as “devoid of merit.” This reinstatement not only rectifies the immediate injustice faced by Chhatrapal but also sends a broader message regarding the treatment of Class-IV employees within the government sector.
Chhatrapal’s journey through the judicial system began with his appointment on a permanent basis as an orderly, a Class-IV position, in the Bareilly district court. His career saw a transition when he was transferred and posted as a process server in the Nazarat of an outlying court of Bareilly.
Despite the change in his duties, his remuneration remained that of an orderly. The Nazarat Branch, where he was assigned, plays a crucial role in the judicial process, being responsible for the delivery and execution of various legal processes such as summons, notices, and warrants.
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Chhatrapal’s career took a decisive turn in June 2003 when, despite raising concerns directly with senior authorities, he was suspended and faced a departmental inquiry. This case highlights the challenges faced by lower-grade employees in expressing grievances and underscores the judiciary’s crucial role in upholding their rights.
The Supreme Court’s ruling not only reinstates Chhatrapal but also sets a significant precedent for Class-IV government employees, emphasizing the need for transparent communication and a compassionate approach in addressing employee concerns.
