Supreme Court of India

DHARAMVIRversusSTATE OF U.P. AND ORS.

Citation: 1995 INSC 535
Decided: 4 September 1995
Disposal: Disposed off
Bench: K RAMASWAMYB L HANSARIA

Holding

The appellant is entitled to salary for the period he worked as a teacher, subject to verification that it has not already been paid, and his continuation in service is to be decided per the applicable rules.

Summary

The appellant, Dharmavir, worked as a teacher at Adarsh Higher Secondary School from 3 September 1985 after a reserved post remained vacant and another teacher left. He claimed entitlement to salary for the period he performed duties, while the Management alleged that he had already received double payment. The District Inspector of Schools inspected the school and reported that the appellant had indeed been working since the vacancy arose, establishing his right to salary. The Supreme Court held that the appellant is entitled to the salary for the period worked, but directed the Management, in consultation with the District Inspector, to verify whether the salary had already been paid; if so, no further payment is due. The Court also directed that his continuation in service be decided by the appropriate authority according to the applicable rules. The appeals were disposed of, granting the appellant's claim for salary subject to verification.

Issues considered

Whether the appellant is entitled to salary for the period he worked as a teacher despite questions about the validity of his appointment.
Whether the Management had already paid the appellant, resulting in double payment, and how that affects entitlement.

Subjects

salary entitlementteacher appointmentpublic servicedouble paymentdistrict inspector reportservice continuationadministrative law

Judgment

                                DHARAMVIR                                          A
                                       v.
                         STATE OF U.P. AND ORS.

                            SEPTEMBER 4, 1995

              [K. RAMASWAMY AND B.L. HANSARIA, JJ.]                                B

       Se1Vice Law :

        School-Teacher--Directions regarding appointment and payment of
 salary.                                                                           C:
        In appeals to this Court on the question whether the appellant is
 entitled to salary for the period during which he had worked as a teacher:

        Disposing the appeals, this Court

         HELD : The District Inspector of Schools inspected the School and         D
  found that the appellant had been working since September 3, 1985 as
· teacher since the referred teacher had not joined and one other teacher had
  also left the post. Consequently, the appellant is entitled to the payment of
  salary. However, it would be open to the Management, in consultation with
  the District Inspector of Schools, to get it verified whether the salary in      E
  fact was paid to the appellant for the period in question. If he has already
  received it, he is not entitled to the salary now for the same period. Further
  the appellant's entitled to continue in service according to the rules be
  decided by the appropriate authority. [312-B-C; E-F]

       CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 8305-06                     F
 of 1995.

      From the Judgment and Order dated 3.8.89 of the Allahabad High
 Court in W.P. No. 3318 & 741 of 1986.

        P .P. Rao, Jitendra Mohan Sharma, for the Appellant.                       G
       T.N. Singh, for R.B. Misra for the Respondents.

        Ms. Rachna Gupta for the Management.

       The following Order of the Court was delivered :                            H
                                   313
    314                    SUPREME COURT REPORTS [i995) SUPP. 3 S.C.R.

A         Leave granted.

           We have heard the counsel for the parties. The only controversy in
    this case is whether the appellant is entitled for salary for the period during
    which he had worked. Though the controversy has been raised as to
    whether he was validly appointed in accordance with the proceedings
B   prescribed by the appropriate rules, it is not necessary for us to go into
    that controversy as it is not the question in issue. The District Inspector of
    Schools, Bulandshahar in his report dated February 1, 1989 had stated that
    he had inspected the Adarsh Higher Secondary School, Raunija on January
    25, 1989 and found that the appellant had been working since September
C   3, 1985 as teacher since the reserved teacher, viz., Kanchi Mal Gupta, had
    not joined and one Vijay Kumar had also left the post. Consequently, since
    the Maths Teacher post was vacant and the appellant had been working
    ever since September 3, 1985, the appellant is entitled to the payment of
    salary.

D          Ms. Rachna Gupta, the learned counsel appearing for the respon-
    dent~Management has stated that the manager and the appellant, had
    colluded and got double payment. Salary had been duly paid pursuant to
    the direction of this Court. But he was paid by the Management itself for
    the period from September 1985 to June 1988. If that is so, it would be
E   open to the Management, in consultation with the District Inspector of
    Schools, to have it verified whether the salary in fact was paid to the
    appellant for the period in question. If he has already received it, he is not
    entitled to the salary now for the same period. We also direct that
    appellant's entitlement to continue in service according to the rules be
    decided by the appropriate authority and the post would be filled in
F   accordance with rules. In case the appellant becomes over-aged for con-
    sideration, necessary relaxation will be given and he will be considered
    along with the candidates to be interviewed by the appropriate Committee
    in accordance with the rules.

          The appeals are accordingly disposed of. No costs.
G
    T.N.A~                                                      Appeals disposed.
    I

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