Back
2012 Supreme(SC) 824
SUPREME COURT OF INDIA
P. SATHASIVAM & RANJAN GOGOI, JJ.
SRI DEBENDRANATH NANDA - Appellant(s)
VERSUS
SHRI CHANDRA SHEKHAR KUMAR - Respondent(s)
Civil Appeal No. 8206 of 2012 (Arising out of SLP (C) No. 29267 of 2011)
Decided on : 22-11-2012.
IMPORTANT POINT
A wrong official may be compensated by assigning to a suitable post and paying corresponding monetary benefits.
Headnote:Service law - Abolition of post - Adjustment of incumbent in another equivalent post - Direction by High Court and decision at Government level for appellants adjustment - Department dilly dallying for 14 years - Appellant reaching age of 60 years - Case made out for contempt of Court - No useful purpose likely to be served by taking action against erring officials - Direction for assignment of Appellant to suitable post and payment of corresponding monetary benefits. (Para 11)
Fact of the case:
Although was approved by the State Government in the post of Acharya Pandit. Due to policy decision, he was found surplus and by order dated 16.03.1995, he was adjusted as Lecturer in Government Sanskrit Institution, Baripada (A Degree College) but the said order was cancelled by a subsequent order dated 06.06.1996.
Challenging the same, the appellant filed an application being OA No. 1604 of 1996 before the State Administrative Tribunal, Bhubaneshwar. The Tribunal, vide order dated 21.05.1997, dismissed the application filed by the appellant herein.
When this order was challenged by the appellant before the High Court by filing a writ petition bearing O.J.C. No. 8397 of 1997, the same was disposed of by order dated 21.07.1997 directing the State Government to consider the case of the appellant following the judgment rendered in a similar case, viz., Smt. Kabita Manjari Kar (supra).
In spite of such direction and subsequent orders of the High Court as well as the decision of the State Government (Minister concerned), School & Mass Education, the appellant was neither given necessary posting nor paid any salary.
Therefore contempt petition was filed by the appellant which was disposed of
Finding of the Court:
Case of contempt made out, but no useful purpose likely to be served by taking action erring officials.
Result : Appeal partly allowed.
JUDGMENT
P. Sathasivam, J.-Leave granted.
2. This appeal is filed against the final judgment and order dated 21.07.2011 passed by the High Court of Orissa at Cuttack in CONTC No. 923 of 2010 whereby the Division Bench dropped the contempt proceeding filed by the appellant herein against the Respondent herein.
3. Brief Facts:
(a) On 03.02.1976, Sri Debendranath Nanda - the appellant herein was originally appointed as Sanskrit Pandit (Shastri Pandit) in Adarsa Ayurveda Vidyalaya, Cuttack, a Government Aided Institution. The appellant herein got promoted to the rank of Acharya Pandit w.e.f. 31.01.1987 in order to teach students of Acharya classes. His promotion to the post of Acharya Pandit was approved by the State Government vide Order dated 06.12.1994 w.e.f. 31.01.1987.
(b) In the year 1984, the State Government took a policy decision to introduce 10+2+3 pattern of education in Sanskrit Institutions functioning in the State of Orissa. Accordingly, Upa-shastri (+2 standard) was introduced in Acharya Institutions.
(c) In the year 1987, the State Government introduced Shastri courses (+3 degree course) in the Sanskrit Institutions in the State of Orissa and it was also decided that the Acharya Courses which is equivalent to M.A. Degree will be taught only in the Departments of Sanskrit University and the said decision was to be implemented w.e.f. Academic Session 1987-1988. In pursuance of the same, the State Government, vide order dated 19.10.1987, decided that the institutions where Acharya Courses were taught up to the Academic Session 1986-87 and the teachers having Acharya qualification which is equivalent to M.A. Degree will be adjusted against the post of Lecturers which will be created for Upa-Shastri and Shastri courses in those institutions according to the staffing pattern prescribed by the Government.
(d) In the year 1988, Sri Jagannath Sanskrit Vishwa Vidyalaya (Sanskrit University) took a decision to abolish Acharya Courses from the Sanskrit Institutions and it was decided that the same will be taught at the University level only. In pursuance of the said decision, Acharya Courses were abolished from Sanskrit Institutions in the State of Orissa w.e.f. 1991. Consequently, the State Government took a decision to adjust surplus Acharya Pandits teaching Acharya Courses as Sanskrit Lecturers in Upa- Shastri and Shastri Institutions run by the State Government or in the Aided Institutions imparting 10+2+3 education in Sanskrit. Since the appellant herein was found to be surplus in the Adarsa Ayurveda Vidyalaya, Cuttack, the State Government, vide order dated 16.03.1995, adjusted him against the existing vacancy of Head Pandit in Government Sanskrit Institution, Baripada.
(e) The appellant herein represented before the State Government for his adjustment against the existing vacant post of Lecturer in Sanskrit Sahitya. Vide communication dated 29.09.1995, Addl. Secretary to Government of Orissa recommended his case to the Director, Secondary Education, Orissa for adjustment in the light of the order dated 19.10.1987 against the said vacancy. During the pendency of the said representation, vide Order dated 06.06.1996, the State Government cancelled the order dated 16.03.1995 and the appellant was directed to join his former place of posting at Adarsa Ayurveda Vidyalaya, Cuttack and the arrear dues payable on account of salary for the intervening period from 04.05.1995 to the date of joining in Government Sanskrit Institution, Baripada to the date of joining in Adarsa Ayurveda Vidyalaya, Cuttack had to be paid by the latter from out of the provisions of grant-in-aid and also that the above period will be treated as service spent on duty in Adarsha Ayurveda Vidyalaya, Cuttack.
(f) Aggrieved by such cancellation and non-payment of salary for the abovesaid period, the appellant herein filed Original Application No. 1604 of 1996 before the Orissa Administrative Tribunal, Bhubaneshwar. The Tribunal, vide order dated 10.07.199
