Samir Kumar Majumder vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 975

J. K. MAHESHWARI, K. V. VISWANATHAN
Samir Kumar Majumder – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Appellant(s) : Ms. Uttara Babbar, Adv. Ms. Daisy Hannah, AOR Ms. Sampriti Baksi, Adv.
For the Respondent(s): Mr. Nachiketa Joshi, Adv. Mr. Rajesh K. Singh, Adv. Ms. Priya Mishra, Adv. Mr. Rupesh Kumar, Adv. Mr. Amrish Kumar, AOR Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Bhanu Mishra, Adv. Ms. Muskan Surana, Adv.

JUDGMENT :

K.V. VISWANATHAN, J.

1. Samir Kumar Majumder (the appellant) was a school teacher at the Railway Higher Secondary School, Alipurduar Junction. He taught mathematics to the school children. Aggrieved by the judgment of the High Court at Calcutta (hereinafter referred to as ‘the High Court’) dated 19.07.2011 in W.P.C.T. No. 130 of 2009, the appellant is before us in appeal. By the said judgment, the High Court denied him absorption as an Assistant Teacher in the Higher Secondary Section and also rejected his claim for continuity of service.

Relevant Facts:

2. The appellant was initially appointed as a Substitute Teacher on 05.12.1989. According to him, artificial breaks were created in his service by terminating him on the eve of the school vacations and thereafter reappointing him. The appellant states that he was terminated first before the summer vacations on 09.06.1990 and was re-engaged on 24.07.1990. His further case is that he was again terminated on 22.09.1990, on the eve of Puja Holidays. According to him, he was re-engaged on 01.11.1990.

3. When the matter stood thus, the appellant, fearing further creation of artificial breaks filed an application being O.A. No. 20

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2023 Supreme(SC) 975

J. K. MAHESHWARI, K. V. VISWANATHANSamir Kumar Majumder – AppellantVersusUnion of India – Respondent

J. K. MAHESHWARI, K. V. VISWANATHAN
Samir Kumar Majumder – Appellant
Versus
Union of India – Respondent