State
of Orissa & Ors Vs. Sukanti Debi [1996] INSC
1539 (2 December 1996)
K. Ramaswamy,
G.T. Nanavati
ACT:
HEAD NOTE:
O R D
E R
Delay
condoned.
Leave
granted.
This
appeal by special leave arises from the order of the Orissa Administrative
Tribunal at Cuttack, made on March 2, 1995 in OA N.1499/93. Though the
respondent was served on September
30, 1996, he did not
appear. Therefore, we adjourned the matter by proceedings dated October 28, 1996 to see whether he appears or is
represented through counsel.
Even
today, he has not appeared.
The
only question is; whether the direction issued by the Tribunal to appoint him
in future vacancy is valid in law? It is seen that the third respondent came to
be appointed in a third post as Hindi Teacher which was not sanctioned post;
nor was the need for such an appointment recognised by the management. It is
also stated that he was not qualified for the post. We need not go into the
question of his qualification. Suffice it would be to state that the Government
in their letter dated May
1, 1992 have stated as
under:
"I
am directed to invite a reference to Govt. In Education Department Letter
No.13409, dated 17.3.1992 and to inform you that Hindi being a non-Examinable
subject in M.E. Schools, There is no neek to allow the existing Hindi teachers
in M.E. Schools to continue further. Therefore, It was decided that the Hindi
teachers who are ... in M.E. Schools will be adjusted against the third post of
teachers in M.E. Schools provided they possessed Matric C.T. Qualification. In
case any of them not ... C.T. Qualification he should be given chance to
acquire C.T. Qualification as in service candidate by summer vacation
he
will be allowed untrained scale of pay till then. In case any one is non-Matric
he should be given the chance to acquire an equal C.T. Qualification. In case
of former, the qualification would be acquired within three years for issued of
order and in case the non- Matriculation qualification should be acquired
within period of Five Years.
In
view of the above, the Tribunal was not right in giving the direction.
The
appeal is accordingly allowed. No costs.
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