Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Termination from service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Termination from service – Claim for back wages – On facts, appointment of Government teacher – Respondent No. 2 obtained higher rank than respondent No. 1 in the Category of S.E.B.C (Women) – However, respondent no. 1 appointed since appointment letter could not be delivered to respondent no. 2 being wrongly addressed and apparently, respondent no. 2, did not join – Application by respondent no. 2 before the tribunal – Tribunal issued appointment order in favor of respondent no. 2 while terminating appointment of respondent no.1 and also issued direction for creation of supernumerary post – However, the High Court set aside the direction for creation of the supernumerary post and thereafter, directed the appointment of the respondent No. 1 in any vacancy available –On appeal, held: In the case of wrongful termination of service reinstatement with the continuity of service and back wages is the normal rule – On facts, it was clear that the person appointed in place of the respondent no.2 was respondent no. 1 – Respondent no. 1 has only a few months for attaining the age of superannuation and has not secured any alternative employment and also has not been able to work based on the direction of the tribunal or of the High Court – Furthermore, nearly two decades have gone by and failure to afford opportunity of being heard to respondent no 1 cannot have adverse effect – More so, the High Court has not found that the termination of the service of the respondent no. 1 was ab initio void or illegal as such – High Court in fact rightly set aside the direction of the tribunal to reinstate by creating a supernumerary post – There was no basis for the High Court to have thereafter directed the appointment of the respondent no. 1 in any vacancy available – Termination of the service of the respondent no. 1 was unavoidable in the light of the binding order of the tribunal – Thus, the claim of respondent no. 1 for back wages from the date of termination is untenable – Order of the High Court to the extent impugned is set aside. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 273 |
Petitioner | State Of Odisha & Ors. |
Respondent | Kamalini Khilar & Anr. |
SCR | [2021] 4 S.C.R. 221 |
Judgement Date | 2021-04-28 |
Case Number | 1694 |
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