NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 3338/2018 (ARISING FROM SLP (C) NO. 30641/2017)

GAGAN CH. KALITA                                   APPELLANT(S)

                               VERSUS

THE STATE OF ASSAM & ORS.                          RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted. 2. The appellant is before this Court, aggrieved by the denial of appointment as PGT Economics.  The High Court declined to grant him relief on the ground that the appellant could not show that nobody with lesser marks had been appointed. 3. When  the  matter  came  up  before  this  Court  on 06.03.2018, the following order was passed:-

“Learned  counsel  for  the  petitioner submits that the teachers selected in the subject  of  Economics  have  never  come  to join Dhuhibala Madrassa H.S. School, Dhuhi,

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Kamrup (R) Assam, to teach the subject of Economics and that the petitioner has been teaching  the  subject  Economics  on honorarium  basis  for  the  last  around sixteen years.

We  direct  the  learned  counsel appearing  for  the  State  to  ascertain, within three weeks, as to whether there is a  vacancy  available  in  the  subject  of Economics in the School.

List on 27.03.2018.”

4. Learned  counsel  appearing  for  the  State,  on instruction, submits that as a matter of fact there is one  vacancy in the post of PGT Economics.  It is further  submitted  that  the  candidates  who  were appointed to the post actually did not join duty and that is why the vacancy has arisen.   5. If the candidates who were above in merit to the appellant had not joined duty, naturally it was the appellant  who  should  have  been  considered  for  the appointment.   6. Learned counsel for the State submits that the continuance  of  the  appellant  as  a  teacher  on honorarium basis is in violation of the Government instructions issued in the year 2006.  But the fact remains that the appellant has been continuing as a

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teacher in the subject of Economics. 7. Having  regard  to  the  entire  facts  and circumstances of the case, we are of the view that in the  interest  of  justice  and  for  doing  complete justice  the  appellant  be  appointed  as  a  regular teacher-PGT Economics.  This shall be done forthwith. The appointment for all purposes shall take effect from 02.04.2018.  As far as past service of sixteen years is concerned, we direct the respondent(s) to consider whether any service benefit can be granted in view of the continuous service of the appellant. 8. We make it clear that this order is passed only in the peculiar facts of this case and the same may not be treated as a precedent. 9. The appeal is, accordingly, disposed of. 10. Pending  applications,  if  any,  shall  stand disposed of. 11. There shall be no orders as to costs.

.........................J.               [KURIAN JOSEPH]  

.........................J.               [MOHAN M. SHANTANAGOUDAR]  

..........................J.               [NAVIN SINHA]  

NEW DELHI; MARCH 27, 2018.

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