SC: Salary of an Employee can't be withheld in the name of irregular Appointment

Team SoOLEGAL 8 Apr 2022 11:16am

SC: Salary of an Employee can't be withheld in the name of irregular Appointment

The Supreme Court ruled in favour of an employee and overturned a salary recovery order against him after he was terminated after 24 years of service due to irregularities.

Irrespective of his faulty appointment, the Division Bench of Justice Hemant Gupta and Justice V Ramasubramaniam observed that he did render services to the Institution for a significant period.

When the junior high school was upgraded to a high school and recognized by the state government in 1974-75, the appellant was appointed as a principal. As a result, the appellant worked for nearly 24 years before his services were terminated because he is a relative of a member of the Selection Committee.

It was ordered that the money paid to the appellant as a result of his irregular appointment to the position of Principal be recovered from him. The said order dated 24.12.1998 was upheld by a single-judge bench of the Allahabad High Court for cancellation of the appellant's appointment as Principal on the grounds of a violation of Chapter 3 Rule 4 of the U.P. Educational Manual, which states that a close relative mentioned in said Rule cannot be appointed as Principal. Later, a Division Bench of the High Court upheld the ruling, which is being challenged in the current appeal.

The Court ruled that the order dated December 24, 1998, was wholly illegal as well as untenable and that the High Court failed to take into account the fact that, even if the appointment was irregular, the appellant had dispensed the duties and had to be paid in lieu of duties.

According to the Court, the State cannot take any work from any employee without paying them a salary.

Thus, the Division Bench decision was reversed.

Tagged: Salary   Supreme Court   UP Education Manual  
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