PERSON EMPLOYED IN SOCIETY DEEMED ‘STATE’ UNDER ARTICLE 12 NOT A GOVERNMENT SERVANT: SUPREME COURT RULES:

On June 16, the Supreme Court held that an individual employed in a registered society, even if such a society qualifies as a "State" under Article 12 of the Constitution, cannot be considered a government servant. The bench, comprising Justice Ujjal Bhuyan and Justice Manmohan, made this observation while hearing a plea that challenged a Tripura High Court decision upholding the dismissal of a petitioner from a government position as a Junior Weaver.

The petitioner had earlier worked as a crafts teacher at the Tripura Tribal Welfare Residential Educational Institutions Society (TTWRES), an autonomous body supported by the state government. When applying for the Junior Weaver post at the Weaver’s Service Centre in Agartala, a government body under the Ministry of Textiles, the petitioner claimed to have previously served in a government department, a requirement for eligibility. However, it was later discovered through an inquiry conducted by the Ministry of Handloom and Textiles, and verified by the Department of Personnel and Training (DoPT), that TTWRES was not a government department but an independent society.

Based on this misrepresentation, the petitioner was terminated from service. He challenged the termination in a writ petition before a single judge of the Tripura High Court. The court ruled that TTWRES did not constitute a government department, and therefore, the petitioner could not be classified as a government employee. The court further noted that the relaxation rule under service regulations applied only to individuals holding a civil post under a government department.

Dissatisfied with this outcome, the petitioner appealed to the division bench of the High Court, which upheld the single judge's ruling. The bench cited Rule 2(h) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, which defines a "government servant" as a person who holds a civil post under the Union or a State, including individuals temporarily serving under local or other authorities or those on foreign service. The High Court emphasized that in light of this rule, a civil post must be under the Union or State Government. Since the position of Craft Teacher at TTWRES was not such a post, the petitioner could not be considered a civil servant.

The court also dismissed the argument that the doctrines of estoppel or waiver should apply in this case. It observed that the petitioner’s appointment as a Junior Weaver was conditional upon producing proof of government service. Although he initially secured the position based on a false claim of government employment, the truth later emerged that his prior role was not in a government department but in a society.

Consequently, the High Court concluded that the appointment, having been obtained through misrepresentation of a material fact, was voidable at the discretion of the employer. It stated that an appointment secured by false information or misrepresentation does not create a right or equity in the employee’s favour. The continuation of such an employee in service for any length of time does not prevent the employer from terminating the appointment once the fraud is discovered.

The Supreme Court, affirming the High Court’s reasoning, declined to entertain the plea. It observed that although a society may fall within the definition of "State" under Article 12, that classification alone does not confer upon its employees the status of government servants.