Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Orissa Education (Recruitment and Conditions of ') Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules 1974 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 - Circular No. 28365- c EYS dated 8. 7.1981 and Circular no.155000-XVllEP-50!91- E dated 27. 3. 1992 issued by Government of Orissa, Education and Y S. Department - Yardstick for fixation of standard staff prescribed in the circulars - Claim for appointment as 'Fourth peon' - Held: There is no prescription of a 'fourth peon' in the yardstick prescribed - Expression used in the two circulars is 'Oaftry' and not 'fourth peon' - Post of Daftry is a promotional post and it carried higher scale of pay - High Court erred in equating the 'fourth peon' with 'Daftry' and in upholding the claim for appointment as 'fourth peon'. The claim of respondent no.1 was that he was appointed as 'fourth peon' by the management of an aided educational institution as defined under the Orissa Education Act, 1969. As the State did not approve the appointment, holding the same to be beyond the prescribed yardstick, writ application was filed for direction to the concerned authorities to accord approval to the appointment. High Court allowed the writ application by equating the 'fourth peon' with 'Daftry'. In appeal to this Court, appellant-State contended that there was no prescription of a 'fourth peon' in the - yardstick prescribed; and that the post of 'Daftry' was a promotional post which carried higher scale of pay and so last entrant was not entitled to the post of 'Daftry' . |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 242 |
Petitioner | State Of Orissa And Ors. |
Respondent | Khirod Kumar Nayak |
SCR | [2009] 2 S.C.R. 971 |
Judgement Date | 2009-02-23 |
Case Number | 1158 |
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