NDLI: Samir Kumar Majumder Vs. The Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Juvenile Justice (Care and Protection of Children) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether the High Court was justifi ed in denying the absorption of appellant as an Assistant Teacher in the Higher Secondary section and also rejecting his claim for continuity of service. Service Law – Claim for absorption as an Assistant Teacher in the Higher Secondary section – Tenable or not:Held: The appellant was appointed as a substitute teacher in the payscale of a primary teacher – When he fi led the fi rst round of proceedings in O.A. No. 209 of 1991, no plea was raised that he worked as an Assistant Teacher in the Higher Secondary Section – Before the Tribunal, the argument was only about regularization – The Screening Committee having considered him, pursuant to the orders of the Supreme Court, has thought it fi t to absorb him only as a primary teacher; the Screening Committee itself was pursuant to the orders of the Supreme Court and based on the Master Circular of 29.01.1991 wherein the claims of the candidates like the appellant were examined; the records of his appointment as a substitute teacher admittedly showed that he was only appointed as a substitute primary teacher – Also, in the earlier round of proceedings culminating in the order of the Supreme Court dated 15.02.1996, this issue was never raised – His claim for absorption as an assistant teacher in the Higher Secondary Section is clearly barred by constructive res judicata – Thus, the appellant’s claim for absorption as Assistant Teacher in the Higher Secondary Section is not tenable. [Paras 29, 31 and 32] Service Law – Claim for continuity of service – Relief denied by the High Court – Propriety:Held: The only reason given in the order denying continuity for the appellant while granting continuity of the same for the others was that, in the case of the appellant, the Supreme Court had not directed any specific order regarding continuity of service – The authorities are wrong in stating that in the case of the appellant, the Supreme Court had not directed any specific order regarding continuity of service – Nowhere in the said order in the appellant’s appeal had the benefits available to the appellant under the Master Circular dated 29.01.1991 been taken away – In the case of Smt. Jayasree Deb Roy (Dutta), by abundant caution, the Master Circular was referred to and the rights granted therein were reiterated expressly – The appellant being identically situated with the other absorbees in the order of 02.01.1998 could not have been discriminated and denied the benefit of his service from 04.03.1990 to the date of his absorption – The Tribunal and the High Court have grossly erred in denying the relief by wrongly understanding the orders of the Supreme Court and the legal position – Thus, the appellant should be extended the same benefits as were extended to others, who were granted continuity by the letter of 28.12.1998. [Paras 38, 41, 42, 43 and 44]Doctrines – Doctrine of constructive res judicata – discussed.Maxims – Interest reipublicae ut sit finis litium – discussed.
Judge	Hon'ble Mr. Justice K.V. Viswanathan
Neutral Citation	2023 INSC 836
Petitioner	Samir Kumar Majumder
Respondent	The Union Of India & Ors.
SCR	[2023] 12 S.C.R. 254
Judgement Date	2023-09-20
Case Number	6027

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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