Case Note & Summary
The dispute arose from a writ petition filed by the appellant in the Gauhati High Court in 2008, seeking the release of her salary from March 12, 2001, claiming she had been working as an Assistant Teacher in Bengabari M.E. School without payment. The High Court dismissed her petition, leading to the present appeal. The appellant claimed she applied for the position following an advertisement in December 1996 and was recommended for appointment in March 2001. However, the appointment was made under a fixed salary scheme, and the term was set to end in March 2002. The respondents contended that the appointment was illegal, as it was made against non-existent posts, and the Director of Elementary Education had declared all such appointments void ab initio in October 2001. The appellant did not challenge this order. The court noted that the appointment was beyond the jurisdiction of the Udalguri Legislative Assembly Constituency, where she was purportedly selected. The court found no merit in the appellant's claims, emphasizing that she could not legally continue in service after the cancellation of her appointment. The appeal was dismissed, and no costs were awarded.
Headnote
A) Employment Law - Salary Claim - Entitlement to Salary - Not applicable under the circumstances - The appellant's appointment was declared illegal and void ab initio, and she had no legal right to continue in service after the cancellation order was issued. The court held that without a valid appointment, no salary claim could be made (Paras 6-8).
Issue of Consideration
Whether the appellant was entitled to salary despite the declaration of her appointment as illegal.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's findings that the appellant's appointment was illegal and void ab initio, and she had no legal right to claim salary.
Law Points
- Illegal appointment
- salary claim
- void ab initio
- jurisdiction violation
- non-existent posts
