VISHWA MOHINI Vs DIST.INSP.OF SCHOOLS 2ND .
Bench: DALVEER BHANDARI,DIPAK MISRA
Case number: C.A. No.-009054-009054 / 2011
Diary number: 14278 / 2009
Advocates: Vs
SHRISH KUMAR MISRA
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9054 OF 2011 (Arising out of SLP(C) No.17189/2009)
VISHWA MOHINI Appellant(s)
:VERSUS:
DISTRICT INSPECTOR OF SCHOOLS 2nd & ORS. Respondent(s)
O R D E R
1. Delay condoned. Leave granted. 2. The appellant was appointed on ad hoc basis
on the post of Assistant Teacher by the Management
of the Adarsh Balika Higher Secondary School, P.
Road, (Gandhi Nagar) Kanpur Nagar, U.P. against
leave vacancy. Her appointment was not approved by
the District Inspector of Schools and it was
communicated to the management vide letter dated
15.10.1996 mentioning therein that if the appellant
is allowed to continue in service, her salary will
have to be paid by the management. The appellant
made a representation to the respondents upon which
no action was taken.
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3. The appellant thereafter filed a writ
petition before the High Court of Judicature at
Allahabad which was dismissed by the High Court. The
learned Single Judge of High Court found that the
appellant was appointed for a short term by the
management and since Smt. Manju Lata Bajpai,
Assistant Teacher, who was on long leave had
retired, substantive vacancy occurred and against
the substantive vacancy the management had no right
to make short term appointment.
4. The appellant preferred an appeal against the
dismissal of the writ petition before the Division
Bench of the High Court. The Division Bench upheld
the order of the learned Single Judge and dismissed
the appeal.
5. We have heard the learned counsel for the
appellant as also the learned counsel for the
respondents.
6. In the peculiar facts and circumstances of
this case, we are of the considered view that
interest of justice would meet if the appellant is
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paid for the period she worked with the concerned
school. Accordingly, we direct respondent Nos.1 to 4
to pay the salary of the appellant for the period
she worked, within eight weeks from today. However,
the District Inspector of Schools and the State of
U.P. would be at liberty to recover that amount from
the management of the school or from any other
individual.
7. The impugned order is accordingly set aside
and the appeal is disposed of with the
aforementioned observation and direction. Parties
are directed to bear their own costs.
.....................J (DALVEER BHANDARI)
.....................J (DIPAK MISRA)
New Delhi; October 31, 2011.