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Syed Aftab Haider, Assistant Teacher v. State of Uttar Pradesh

Civil Appeal · 2018 INSC 353Decided 17 Apr 2018
Civil Appeal No. 3925 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar · Justice Navin Sinha

Background

The appellant, an Assistant Teacher, was allegedly appointed without the required qualification, and this was in dispute before the Court. A separate, similarly-situated group of teachers had earlier had their case decided by the Supreme Court (in Civil Appeal No. 3904 of 2013, order dated 14.07.2017), where the Court permitted them to continue in service in view of their long years of service despite the alleged lack of qualification.

Decision Breakdown

The Supreme Court disposed of this appeal by applying the same approach taken in the earlier, similarly-situated teachers' case, directing that the appellant not be disturbed in service in view of his long experience, even though the State disputed that the facts of the two cases were truly identical. This is a short, final order that conclusively resolves the specific relief sought (continuation in service) by following the precedent set in the connected matter.

Lesson Learnt

Where a government employee's qualification is in dispute but the person has rendered long years of service, courts may decline to disturb their continued employment, extending the same relief given to similarly-situated employees in a connected case rather than re-litigating the same issue.

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

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