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The State of Odisha and Ors. v. Kamalini Khilar and Anr.

Civil Appeal · 2021 INSC 273Decided 28 Apr 2021
Civil Appeal No. 1694 of 2021 (Diary No. 24414 of 2020)
Justice Uday Umesh Lalit · Justice K.M. Joseph

Background

In 1998, Kamalini Khilar (Respondent No. 1) was appointed as a primary school teacher in Odisha in a reserved (SEBC Women) category vacancy after another candidate who had scored higher (Respondent No. 2) failed to join in time. Respondent No. 2 challenged this before the Orissa Administrative Tribunal, which ordered that she be appointed instead, leading the State to terminate Khilar's service in 2002 without giving her a hearing. Khilar then challenged her termination before the tribunal and later the High Court, which set aside her termination and directed that she be reinstated in a newly created supernumerary post; the State appealed to the Supreme Court.

Decision Breakdown

The Supreme Court first condoned a 247-day delay in filing the appeal on condition the State pay Rs. 50,000 in costs to Khilar. On merits, it held that while ordinarily natural justice requires giving an employee notice before terminating her service, the failure to give Khilar a hearing was not fatal here because her termination was not for any disciplinary misconduct or stigma, and the termination was effectively compelled by the tribunal's binding 2001 order directing that the other candidate be appointed in the limited reserved-category vacancies. The Court held the High Court was right to set aside the creation of a supernumerary post but wrong to further direct Khilar's appointment to any other vacancy, since her termination flowed from a valid, binding tribunal order rather than any illegality. The appeal was allowed and the High Court's order directing her appointment was set aside, with no order as to costs in the appeal itself.

Lesson Learnt

The right to a hearing before termination is an important safeguard, but it is not an absolute, mechanical rule, where termination is the unavoidable result of complying with a binding court/tribunal order (rather than a disciplinary finding against the employee), its absence may not automatically entitle the employee to reinstatement, especially after long delay.

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

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