Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Municipal Body Elementary Teachers rulles 2006 Appointment on compassionate ground S.10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Municipal Body Elementary Teachers (Employment and Service Conditions) Rules, 2006: r. 10 – Appointment on compassionate ground – On facts, respondents granted compassionate appointment on the post of Nagar Shikshak in terms of r. 10 – Thereafter, issuance of instructions by the State Government that posts of Panchayat Teachers and Block Teachers not borne on the service of the Government, thus not within the jurisdiction of the Compassionate Appointment Committee to recommend appointments to those posts – Writ petition by respondents seeking mandamus for their appointment on a compassionate basis to posts under the control of the State Government – Allowed by the Single Judge of the High Court – Subsequently, issuance of instructions by the State Government that the Committee could make compassionate appointments to the posts of panchayat teachers/block teachers/town teachers – Division Bench upheld the order of the Single Judge – On appeal, held: High Court erred in directing the State Government to appoint the respondents in its regular service despite the fact that their appointments were made after the 2006 Rules were brought into force – Their case would be governed by the 2006 Rules – Respondents having accepted their appointments as Nagar Shikshaks, it was not open to them to assert, that they should be appointed in the service of the State Government – Also, no executive instruction could have superseded the Rules – Thus, the order of the High Court set aside, however, liberty granted to respondents to approach the State Government for suitable relief |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 775 |
Petitioner | State Of Bihar And Ors. |
Respondent | Dilip Kumar And Anr |
SCR | [2019] 8 S.C.R. 1180 |
Judgement Date | 2019-07-18 |
Case Number | 5205 |
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