Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Service Law-Private Degree Aided Colleges-Teachers--Karnataka Government's order dated 3rd October, 1982-Provision for ad-hoc appointments and reappointments with one day's break in service-Provision B for payment affixed salary being ten rupees less than the minimum paid to regular teachers-Validity of-Provision for one day's break in service held ultra vires -Payment of fixed salary to temporary teachers held arbitrary-Directions for continuing services of temporary teachers, their regularisation and payment of salary on par with regular teachers issued- Practice of ad-hoc appointments deprecated. The Education and Youth Services Department of the State of Karnataka issued an order dated 3rd October 1981 which provided two different methods of selection of teachers in private aided degree colleges-one by Selection Committee and another by Management. Under the order appointments for more than three months could be made by a selection committee whereas temporary appointments for less than 3 months could be made by the Management and such temporary appointments could be continued for a further period of not more than 3 months, with one day's break in service. The Government order also provided that such temporary teachers shall be paid fixed salary being ten rupees less than the minimum payable to regular teachers. The teachers temporarily appointed under the said order accordingly continued in service for a long period but with a break of a day or two every three months in their service. Subsequently, they filed a writ petition in this Court seeking regularisation of their services by invoking the principle of equitable estoppel arising from implied assurance due to their long continuance. It was contended on behalf of the petitioners that; (i) since the State has regularised the services of contract teachers and local teachers appointed in Government or. vocational colleges they should also be extended similar treatment; and (ii) payment of fixed salary instead of regular emoluments for eight months in a year was discriminatory and arbitrary. |
Judge | Hon'ble Mr. Justice R.M. Sahai |
Neutral Citation | 1992 INSC 31 |
Petitioner | Karnataka State Private College Stop-gap Lecturers Association |
Respondent | State Of Karnataka And Ors. |
SCR | [1992] 1 S.C.R. 397 |
Judgement Date | 1992-01-29 |
Case Number | 873 |
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