NDLI: Ravindra Singh Vs. District Inspector of Schools and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law appointment to the substantive vacancy direct appointment of ad hoc teachers
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh Secondary Education (services Selection Boards) Act, 1982 (5 of 1982)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982: First Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order dated 1981 – Second Removal of the Difficulties Order, 1981 – Appointment of appellant-teacher by Management in a substantive vacancy – Non-adherence to the procedure contemplated in paragraph 5 of the First Removal of Difficulties Order – Claim for salary by appellant – Refusal of financial approval by District Inspector of Schools – Correctness of – Held: The analysis of the 1982 Act and the Removal of the Difficulties Order by the Allahabad High Court in Radha Raizada suggested that the Management has very limited scope to make appointment to the substantive vacancy in their Institution – s.18 of the Act of 1982, lays down the process for direct appointment of ad hoc teachers but before the Management takes any step to fill up vacancy, the conditions laid therein must be peremptorily satisfied – The Management is required to firstly notify the vacancy to the Commission and in turn, the Selection Commission is expected to recommend a suitable candidate within one year of such notification – Secondly, the post should have remained vacant for more than 2 months – Only if these two conditions are satisfied, the Management can take short term measures – Further stipulations to this process provided in paragraphs 4 and 5 of the First Removal of Difficulties Order are that only when the vacancy cannot be filled by promotion under paragraph 4, the paragraph 5 permits ad hoc appointment by direct recruitment – Appellant’s appointment by the Management, was not in accordance with paragraph 5 of the Removal of Difficulties Order – The decision repudiating the salary claim for the appellant was in order since the Management failed to adhere to the due process in filling up the substantive vacancy – Moreover, the State had imposed a ban on appointment during the relevant period – Therefore, the appellant cannot enforce a claim for salary against the State – Service law.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2019 INSC 1207
Petitioner	Ravindra Singh
Respondent	District Inspector Of Schools And Ors.
SCR	[2019] 14 S.C.R. 58
Judgement Date	2019-11-06
Case Number	9228

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Ravindra Singh Vs. District Inspector of Schools and Ors.

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