VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Junu Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J)
Heard Dr. R. Sarma, learned counsel appearing for the appellant. Also heard Mr. N. J. Khataniar, learned Standing Counsel for the Elementary Education Department appearing for the respondent nos. 1, 2, 3 & 5 and Mr. B. Gogoi, learned Standing Counsel for the Finance Department appearing for the respondent no. 4.
2. The present Intra Court Appeal has been instituted, assailing the Judgment & Order dated 28.04.2023, passed by the learned Single Judge in WP(C)6427/2017. The appellant herein, as petitioner, had instituted WP(C)6427/2017, praying for a direction upon the respondent authorities for release of her salaries which were in arrears since the date of her initial appointment i.e. w.e.f. 06.12.1999.
3. The appellant, herein, was appointed vide the order dated 06.12.1999 by the District Elementary Education Officer, Barpeta, as an Assistant Teacher and was posted at Kaurpara M. E. School. The appellant continued to serve in the said school; however, her salaries were not released. The petitioner had also highlighted that the Government in the Education had, vide a communication dated 19.12.2000, required the District Elementary Education, Barpeta
The right to salary is contingent upon a valid appointment made in accordance with statutory provisions.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
The court upheld the rejection of salary claims based on findings that the petitioners' appointment letters were forged and the selection process did not comply with applicable recruitment rules.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
The court affirmed that appointments made prior to new qualification rules remain valid, emphasizing continuity of service and entitlement to salary for teachers who later acquired necessary qualific....
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....
Point of Law : When there is an effective adjudication by this Court that the petitioner is entitled to parity.
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