Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bona fide applicants Recruitment Stoppage of salary Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Recruitment - Stoppage of salary - The District Basic Education Officer case was that by order dated 26.12.1997, only two additional posts of Assistant Teacher were created by the Joint Director of Education - It was averred that manipulation was made by the management in collusion with the appellants to show that three posts of Assistant Teacher were sanctioned - From October, 2005, abruptly salaries of appellants were stopped - Propriety Held: Apart from the bare allegation, absolutely no material was placed on record to show how the appellants, who were the applicants from the open market, had colluded or were blameworthy for any manipulation – According to the State, two posts were, in fact, sanctioned and it was the School that manipulated it, to make it three – Even according to the State, admittedly, till date there is no order terminating their services – In an inquiry report initiated pursuant to the directions of the High Court, it was found that the Manager of the School had fraudulently changed the number of posts from two to three in the order dated 26.12.1997 and accordingly, an FIR was filed against the manager – There were no findings of collusion or blameworthiness against appellants for the alleged manipulation – Appellants were bonafide applicants from the open market – The alleged mischief, even according to the State, was at the end of the School and its Manager – In the light of the various Supreme Court decisions, it will be travesty of justice if relief is denied to the appellants – Appellants were not at fault and the State could not have abruptly stopped their salaries – Accordingly, the State directed to pay salaries to the appellants for the period from 25.06.1999 till January, 2002 in full – Also, the State directed that insofar as the period from October, 2005 till today is concerned, the State shall pay the appellants 50% of the backwages – The State also directed to allow the appellants to commence work. [Paras 8, 14, 16, 30, 34, 35] |
Judge | Hon'ble Mr. Justice K.V. Viswanathan |
Neutral Citation | 2024 INSC 7 |
Petitioner | Radhey Shyam Yadav & Anr. Etc. |
Respondent | State Of U.P. & Ors. |
SCR | [2024] 1 S.C.R. 21 |
Judgement Date | 2024-01-03 |
Case Number | 20-21 |
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