GAGAN CH. KALITA vs. THE STATE OF ASSAM

Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 3338/2018 (ARISING FROM SLP (C) NO. 30641/2017) GAGAN CH. KALITA APPELLANT(S) VERSUS THE STATE OF ASSAM & ORS. RESPONDENT(S)



J U D G M E N T


KURIAN, J.

	Leave granted.
	2. The appellant is before this Court, aggrieved by<br>the denial of appointment as PGT Economics. The High<br>Court declined to grant him relief on the ground that<br>the appellant could not show that nobody with lesser<br>marks had been appointed.
	3. When the matter came up before this Court on<br>06.03.2018, the following order was passed:-

“Learned counsel for the petitioner submits that the teachers selected in the subject of Economics have never come to Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.03.31 13:17:48 IST Reason: join Dhuhibala Madrassa H.S. School, Dhuhi, 1

	Kamrup (R) Assam, to teach the subject of<br>Economics and that the petitioner has been<br>teaching the subject Economics on<br>honorarium basis for the last around<br>sixteen years.
	We direct the learned counsel<br>appearing for the State to ascertain,<br>within three weeks, as to whether there is<br>a vacancy available in the subject of<br>Economics in the School.
	List on 27.03.2018.”

4. Learned counsel appearing for the State, on<br>instruction, submits that as a matter of fact there<br>is one vacancy in the post of PGT Economics. It is<br>further submitted that the candidates who were<br>appointed to the post actually did not join duty and<br>that is why the vacancy has arisen.
5. If the candidates who were above in merit to the<br>appellant had not joined duty, naturally it was the<br>appellant who should have been considered for the<br>appointment.
6. Learned counsel for the State submits that the<br>continuance of the appellant as a teacher on<br>honorarium basis is in violation of the Government<br>instructions issued in the year 2006. But the fact<br>remains that the appellant has been continuing as a

	teacher in the subject of Economics.
	7. Having regard to the entire facts and<br>circumstances of the case, we are of the view that in<br>the interest of justice and for doing complete<br>justice the appellant be appointed as a regular<br>teacher-PGT Economics. This shall be done forthwith.<br>The appointment for all purposes shall take effect<br>from 02.04.2018. As far as past service of sixteen<br>years is concerned, we direct the respondent(s) to<br>consider whether any service benefit can be granted<br>in view of the continuous service of the appellant.
	8. We make it clear that this order is passed only<br>in the peculiar facts of this case and the same may<br>not be treated as a precedent.
	9. The appeal is, accordingly, disposed of.
	10. Pending applications, if any, shall stand<br>disposed of.
	11. There shall be no orders as to costs.

.........................J.
[KURIAN JOSEPH]


.........................J.
[MOHAN M. SHANTANAGOUDAR]


..........................J.
[NAVIN SINHA]
NEW DELHI;
MARCH 27, 2018.