1. Temporary appointment in leave vacancy — Challenge to permanent recruitment — Claim for preferential appointment as a discharged employee under Section 57(6) of Calicut University Act, 1975. (Para 2 )
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1997 Supreme(SC) 216
1997(2) Supreme 487
SUPREME COURT OF INDIA
K. Ramaswamy & S. Saghir Ahmad, JJ.
State of Kerala -Appellant
versus
Mother Anasthasia, Superior General & Ors. -Respondents
Civil Appeal No. 6768-69 of 1983
Decided on 6-2-1997
Counsel for the Parties :
For the Appellant : M.T. George, Advocate.
For the Respondents : Joseph Paikada, Advocate for K.M.K. Nair, Advocate, M.A. Firoz, Advocate, (NP)
Important Points
The Court held that a teacher appointed temporarily in a leave vacancy for a limited period cannot be considered a "discharged employee" under Section 57(6) of the Calicut University Act, 1975, and thus cannot claim preferential treatment for future appointments.
Subject
Employment Law - Teacher Employment
Act Referred
CALCUTTA UNIVERSITY ACT: S.57(6)
SERVICE LAW: .
SERVICE LAW: .
Headnote
SERVICE LAW-Calicut University Act, 1975-Section 57(6)-Preferential claim for appointment for discharged employee-Intendment of provision is only when permanent teacher or teacher appointed on a regular basis was discharged from service due to abolition of the course of study or for any other reason other than disciplinary action-A temporary teacher in leave vacancy could not be considered as discharged-Discharge would connote for any other reason ujus dem generis due to abolition of post or course of study or such similar circumstance except for discharge due to misconduct. (Para 3)
Legal Category Hierarchy
-
administrative law
-
education law
-
service law
- preferential appointment (Para 3)
-
service law
-
education law
Table of Contents
2. Whether a teacher appointed temporarily in a leave vacancy qualifies as a discharged employee entitled to preferential appointment under Section 57(6) of Calicut University Act, 1975. (Para 2 )
3. A temporary teacher in a leave vacancy is not considered a discharged employee; discharge implies regular appointment terminated due to abolition of post or similar non-disciplinary reasons. (Para 3 )
4. Preferential claim for appointment under Section 57(6) of Calicut University Act, 1975, applies only to regular teachers discharged for reasons other than disciplinary action. (Para 3 )
5. Appeals disposed of. (Para 4 )
6. Does a teacher appointed temporarily in a leave vacancy qualify as a discharged employee for preferential appointment under Section 57(6) of the Calicut University Act, 1975?
No. A temporary teacher in a leave vacancy cannot be considered as discharged nor claim the status of a discharged employee. Such a teacher is not eligible for the preferential claim provided under the Act. (Para 3 )
7. What constitutes a discharged employee entitled to preferential appointment under Section 57(6) of the Calicut University Act, 1975?
A discharged employee is a permanent or regular teacher whose service was terminated due to the abolition of a course of study or other analogous reasons, excluding discharge resulting from disciplinary action or misconduct. (Para 3 )
ORDER
These appeals by special leave arise from the judgment of the Division Bench of the Kerala High Court in O.P. Nos. 868/77 and 4934/76.
2. The admitted position is that Smt. Mary Lily, the third respondent, was temporarily appointed in a leave vacancy for a period of three months effective from January 2, 1974 in St. Joseph s College for Women, Irinjalakuda. After the expiry of the period, she ceased to be a Lecturer. In 1976, when a permanent vacancy had arisen advertisement was made for recruitment. Pursuant thereto, when 27 candidates including the third respondent had applied for and called for selection therein Smt. Mariamma Chacko, fourth respondent was selected. The third respondent challenged the validity of the selection and appointment of Smt. Mariamma on the ground that under Section 57(6) of Calicut University Act, 1975, she had preferential claim for appointment since she was a discharged employee. Sub-section (6) of Section 57 reads as under :
"Notwithstanding anything contained in sub-sections (i) and (4) a teacher discharged from a private college on or after the 14th day of March, 1974, due to abolition of a course of study in that college or for any other reason except disciplinary action against him shall be given reference in the matter of future appointments in the private college or, as the case may be, or any of the private colleges under the management of the educational agency within the university area.
(emphasis supplied)
3. A reading thereof would indicate that notwithstanding anything contained in sub-section (i) and Section 4 of Section 57, a teacher discharged from a private college on or after March 14, 1974 due to abolition of a course of study in that college or for any other reason except on disciplinary action against him, shall be given preference in further appointments in a private college or any of the private colleges under the Management of the educational agency within the university area. Admittedly, the third respondent was appointed in a leave vacancy for a short period of three months. The intendment of sub-section (6) appears to be only that when permanent teacher or teacher appointed on a regular basis is discharged from service due to abolition of the course of study in that college or for any other reason, obviously, other analogous causes other then disciplinary action, such a teacher who held the post was given preferential treatment for future appointment. A temporary teacher in a leave vacancy cannot be considered as discharged nor claimed the status as discharged employee. Discharge would connote for any other reason ujus dem generis due to abolition of the post or course of study or such similar circumstances except for discharge due to misconduct. Such a teacher only will be eligible to set up preferential claim for appointment but not a teacher who fortuitously came to be appointed in a leave vacancy such less for a limited period.
4. The appeals are accordingly disposed of. No costs.
Appeals disposed of accordingly.
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