Gagan Ch. Kalita vs The State Of Assam

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

the denial of appointment as PGT Economics. The High

Court declined to grant him relief on the ground that

the appellant could not show that nobody with lesser

marks had been appointed.

3. When the matter came up before this Court on

06.03.2018, the following order was passed:-

“Learned counsel for the petitioner

submits that the teachers selected in the Signature Not Verified subject of Economics have never come to 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

Economics and that the petitioner has been

teaching the subject Economics on

honorarium basis for the last around

sixteen years.

We direct the learned counsel

appearing for the State to ascertain,

within three weeks, as to whether there is

a vacancy available in the subject of

Economics in the School.

List on 27.03.2018.”

4. Learned counsel appearing for the State, on

instruction, submits that as a matter of fact there

is one vacancy in the post of PGT Economics. It is

further submitted that the candidates who were

appointed to the post actually did not join duty and

that is why the vacancy has arisen.

5. If the candidates who were above in merit to the

appellant had not joined duty, naturally it was the

appellant who should have been considered for the

appointment.

6. Learned counsel for the State submits that the

continuance of the appellant as a teacher on

honorarium basis is in violation of the Government

instructions issued in the year 2006. But the fact

remains that the appellant has been continuing as a

2 teacher in the subject of Economics.

7. Having regard to the entire facts and

circumstances of the case, we are of the view that in

the interest of justice and for doing complete

justice the appellant be appointed as a regular

teacher-PGT Economics. This shall be done forthwith.

The appointment for all purposes shall take effect

from 02.04.2018. As far as past service of sixteen

years is concerned, we direct the respondent(s) to

consider whether any service benefit can be granted

in view of the continuous service of the appellant.

8. We make it clear that this order is passed only

in the peculiar facts of this case and the same may

not be treated as a precedent.

9. The appeal is, accordingly, disposed of.

10. Pending applications, if any, shall stand 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.

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