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Smt. Dulu Deka vs State of Assam & Ors.

Civil Appeal · 2023 INSC 752Decided 22 Aug 2023
Civil Appeal No. 4455 of 2012
Hima Kohli · Rajesh Bindal

Background

The appellant claimed she was appointed as an Assistant Teacher in an Assam government school in 2001 under a selection for the Udalguri constituency but was posted to a school outside that constituency, and had allegedly worked for years without ever being paid salary. Her writ petition seeking payment of salary was dismissed by the High Court, both at the single-judge and division-bench level. She appealed to the Supreme Court.

Decision Breakdown

The Supreme Court noted that in 2001 the Director of Elementary Education had declared all appointments made by the concerned District Elementary Education Officer (509 teachers, including the appellant) illegal and void ab initio, since they were made against non-existent posts, and the appellant never challenged that cancellation order. Additionally, her appointment letter showed she was posted outside the constituency for which she was selected, without any evidence of a proper advertisement or selection process for that specific posting. Since her appointment was already void and unchallenged, she had no continuing legal right to work or claim salary, and the Court found it implausible that anyone would work for two decades without ever raising a salary claim until seven years after the disputed appointment period ended. The appeal was dismissed with concurrence in the High Court's findings.

Lesson Learnt

A public employee cannot claim salary or continued service based on an appointment that has been officially cancelled as void. If such a cancellation order is not challenged in time, it becomes final and forecloses any later claim built on that appointment.

Official source (sci.gov.in)View Judgment (PDF)

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