2009 (2) TMI 882 - SC - Indian Laws

Summary

Issues Involved:
1. Regularization of appointment of respondent no.1 as an Assistant Teacher.
2. Validity of the interim order passed by the Learned Single Judge.
3. Compliance with prescribed recruitment rules and procedures.
4. Entitlement to back wages and service benefits.

Summary:

1. Regularization of Appointment:
The State of West Bengal challenged the High Court's decision to treat respondent no.1 as an approved Assistant Teacher and to allow him to resume his duties with 50% back wages and other service benefits. The High Court's decision overturned the learned Single Judge's dismissal of the Writ Petition seeking regularization of the respondent's appointment.

2. Validity of Interim Order:
The learned Single Judge initially passed an interim order directing the District Inspector of Schools to regularize the respondent's appointment. This interim order was not complied with, leading to contempt proceedings. The approval granted was based on this interim order, which the learned Single Judge later questioned, noting that the respondent was appointed against a leave vacancy and not a permanent vacancy.

3. Compliance with Recruitment Rules:
The Division Bench allowed the appeal, but the Supreme Court found this approach incorrect. The respondent was appointed for a leave vacancy, and the procedures for filling permanent vacancies were not followed. The Supreme Court emphasized that the interim order did not justify regularization without following the proper recruitment process as outlined in the Office Memorandum No. 2816(17) G.A. dated 4.12.1989.

4. Entitlement to Back Wages and Service Benefits:
The Division Bench's direction to pay 50% back wages was deemed incorrect by the Supreme Court, which upheld the principle of "no work no pay." The Supreme Court restored the learned Single Judge's judgment, dismissing the Writ Petition and rejecting the claim for back wages and service benefits.

Conclusion:
The Supreme Court set aside the Division Bench's judgment and restored the learned Single Judge's decision, emphasizing the need for adherence to proper recruitment procedures and rejecting the claim for regularization and back wages. The Court recommended that the government consider condoning the age bar for the respondent due to the prolonged litigation.