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LANUSUNGKUM JAMIR, N. UNNI KRISHNAN NAIR
Mina Devi, D/o. Late Achinta Bhagawati – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Education Department – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. R.P. Kakoti, learned senior counsel, assisted by Mr. S. Sutradhar, learned counsel, appearing on behalf of the appellant. Also heard Mr. Nayanjyoti Khataniar, learned standing counsel, Elementary Education Department, Government of Assam, appearing on behalf of all the respondents.
2. The present appeal has been so preferred by the appellant, herein, presenting a challenge to the order, dated 17.07.2018, passed by the learned single Judge in WP(C)5492/2012, rejecting the claim of the petitioner so made therein.
3. The aforesaid writ petition was so instituted by the present appellant as petitioner, praying for a direction upon the respondent authorities for releasing her arrear salary from the date of her initial appointment as a stipendary teacher in Mohaijan Lower Primary School, North Lakhimpur.
4. The appellant as petitioner in the said writ petition being WP(C)5492/2012, had contended that she was so selected by the Sub-Divisional Advisory Board for Elementary Education, North Lakhimpur, and her name was placed at Serial No. 15 of the select list so prepared. The appellant not being issued with a formal order of appointment, she had ap
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
Salary – Once appointment of appellant had been declared illegal and void ab initio, appellant had no legal right to continue in service and no claim for payment of salary could be made for any perio....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
Point of Law : When there is an effective adjudication by this Court that the petitioner is entitled to parity.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
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