The Supreme Court has ruled in favour of an employee and cancelled order of recovery of salary from him as he was terminated from service after 24 years on grounds of irregularity.
The Division Bennch of Justice Hemant Gupta and Justice V Ramasubramaniam observed that irrespective of his faulty appointment, he did render services to the Institution for a considerable period of time.
The appellant herein was appointed as a Principal in the year 1974-75 when junior High School was upgraded as High School and was recognized by the State Government. Thus, the appellant has worked for almost 24 years before the services came to be cancelled for the reason that he is relative of the member of the Selection Committee.
It was ordered that the money be recovered from the appellant which has been paid to him, as a result of his irregular appointment for the post of Principal. Single Judge Bench of the Allahabad High Court maintained the said order dated 24.12.1998 for cancellation of appointment of the appellant as Principal on account of violation of Chapter 3 Rule 4 of U.P. Educational Manual which prescribes that a close relation mentioned in said Rule cannot be appointed as Principal. Later on, Division Bench of the High Court uphled the same which is under challenge in the present appeal.
Holding the order dated 24.12.1998 as wholly illegal and untenable, the Court opined that the High Court failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid.
The State cannot take any work from any employee without payment of any salary, the Court stated.
The Division Bench decision was thus set aside.
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