Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education I Educational Institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Education I Educational Institutions - Private. educational institutions and managements - Payment of salary to teachers appointed in the newly commenced courses - Direct Payment System evolved by State Government whereby it decided to introduce a scheme of direct payment of salaries to teaching and non-teaching staff of private colleges, the management of which agreed to Government control in the matter of appointment of teaching & non-teaching staff, and in the admission of students - 8th respondent-management executed and agreed to the same - Vide Government Order, sanction was accorded for starting new courses subject to the condition that there will be no additional financial commitment on the part of Government - Sanction of new courses led to the increase of work load and the services of respondent nos. 1 to 7 utilised by the 8th respondent-management - Respondent nos. 1 to 7 appointed against sanctioned posts of teachers - Proposal forwarded by 8th respondent-management for approval of the appointment of respondent nos. 1 to 7 rejected- Writ petition - High· Court held that the conditions relied on by the Government were violative of the provisions contained in the Direct payment agreement and directed the State to pay salary and allowances to the teachers appointed by the private managements in the newly commenced courses - Justification - Held: Justified- No case of the Government A that 8th respondent- management violated the terms of the Direct Payment Agreement- For many years services of respondent nos. 1 to 7 were utilized for imparting instruction invigilation and other duties- When respondent nos. 1 to 7 were appointed by the Statutory Selection Committee, no reason as to why respondent nos. 1 to 7 should be denied the payment of salary- It was obligatory for the Government to honour these appointments and pay the salary. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 35 |
Petitioner | State Of Kerala & Ors. Etc. Etc. |
Respondent | Arun George & Ors. Etc. Etc. |
SCR | [2015] 11 S.C.R. 1034 |
Judgement Date | 2015-01-14 |
Case Number | 8459 |
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