Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularisation Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Regularisation - Claim for - Leave vacancy - Appointment of respondent in leave vacancy and extension thereafter - Subsequently, creation of substantive vacancy on resignation of original incumbent - Writ petition by respondent seeking regularisation - Interim order directing regularisation of service - Grant of approval and respondent continuing in service - Writ petition heard after 10 years - Dismissal of, by Single Judge of High Court and denial of permanent status to respondent - However, in appeal, direction passed to regularise services of respondent - On appeal, held: Appointment was for leave vacancy thus, cannot claim regularisation - Procedures for filling up of leave vacancy and permanent vacancy are different - According of approval and direction to regularise the services was pursuant to interim order which could not be considered as final - Such order does not decide fate of parties to litigation finally - Direction to pay respondent 50% of back wages for the period he was out of service not justified in view of principle of 'no work no pay' - Thus, judgment of Division Bench of High Court set aside and that of Single Judge upheld. Respondent was appointed as Assistant Teacher on temporary basis in the leave vacancy for six months. His services were further extended. Thereafter, the fresh advertisement was taken out for the said vacancy. Respondent no.1 again applied and was appointed for three months. The original incumbent on the said post resigned and a substantive vacancy arose. Respondent no.1 filed writ petition seeking regularization in the permanent vacancy with effect from his appointment. Thereafter, interim order was passed directing the District Inspector of Schools to regularize the appointment of respondent no.1. Approval was accorded and respondent continued in service. After 10 years, writ petition came up for hearing. Single Judge of High Court dismissed the petition holding that the respondent no.1 was appointed only against the leave vacancy and could not be given permanent status. Respondent no. 1 filed appeal. Division Bench of High Court allowed the same and directed the State to treat the respondent no.1 as approved Assistant Teacher of the school and directed the authorities to pay 50% of the back wages for the period the respondent was out of service. Hence the present appeal. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 90 |
Petitioner | State Of West Bengal & Ors. |
Respondent | Banibrata Ghosh & Ors. |
SCR | [2009] 1 S.C.R. 790 |
Judgement Date | 2009-02-02 |
Case Number | 559 |
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