Case Note & Summary
The case involved a dispute regarding the salary entitlement of 18 petitioners who were appointed as Assistant Teachers in various primary schools under the Human Resources Development Department between 1988 and 1989 on compassionate grounds. After their appointment, they underwent training for which they received a stipend of Rs. 50/-. The petitioners contended that they were entitled to full salaries during the training period, arguing that their compassionate appointment should not deprive them of their rightful earnings. The State, however, defended its position by citing a rule framed under Article 309, which stipulated that Assistant Teachers would only receive a stipend during training. The relevant letters issued by the State indicated that only those who completed their training by a specified date would be entitled to full salaries. The court analyzed the relationship between the petitioners and the State, emphasizing that even during training, an employer-employee relationship existed. The court found the stipend of Rs. 50/- to be inadequate and unjustified, leading to the quashing of the impugned orders. Consequently, the court directed that the petitioners should be paid their full salaries for the training period, thereby allowing the application.
Headnote
A) Employment Law - Salary Entitlement - Full Salary During Training - Constitution of India, Article 309 - Petitioners, appointed as Assistant Teachers on compassionate grounds, claimed full salary during training instead of a stipend. Court held that the relationship of employer and employee existed during training, and the stipend of Rs. 50/- was unjustified, quashing the impugned orders and directing full salary payment (Paras 2-3).
Issue of Consideration
Whether the petitioners are entitled to full salaries during their training period despite being appointed on compassionate grounds.
Final Decision
The court quashed the impugned orders dated 24.9.1991 and 26.10.1991, directing that the petitioners should be paid their full salaries for the training period.
Law Points
- Compassionate appointment
- Salary entitlement
- Training stipend
- Employer-employee relationship
- Quashing of unjustified orders
