Appellant Had No Legal Right to Continue in Service, Especially When There Is No Order or Letter Placed on Record – Supreme Court Dismisses Claim for Salary by Assistant Teacher

In a decisive ruling, the Supreme Court of India dismissed the appeal of an Assistant Teacher seeking the release of her salary, emphasizing that the appellant had no legal right to continue in service after her appointment was declared illegal.

The judgment, delivered by the bench of J. [HIMA KOHLI] and J. [RAJESH BINDAL] on August 22, 2023, upheld the High Court’s decision that the appellant’s appointment was void ab initio.

The appellant was appointed as an Assistant Teacher in Bengabari M.E. School and sought the release of her salary from 12.03.2001 onwards. However, the Director of Elementary Education, Assam, declared all such appointments, including the appellant’s, as illegal and void ab initio, as they were made against non-existent posts.

The Supreme Court observed, “Once the appointment of the appellant had been declared illegal and void ab initio, and was canceled by the Director of Elementary Education, Assam vide order dated 18.10.2001, the appellant could not legally continue in service thereafter, unless that cancellation order was set aside” [Para 7].

The court further noted the inconsistency in the appellant’s appointment, as she was appointed beyond the Udalguri Legislative Assembly Constituency, making it invalid and in violation of the Rules [Para 4].

The judgment also highlighted the implausibility of the appellant’s claim, stating, “Even otherwise, it is difficult to believe that a person has been working for two decades without any salary” [Para 7].

The appeal was dismissed, concurring with the reasons recorded by the High Court, emphasizing that the appellant had no legal right to continue in service or claim salary for any period. The ruling serves as a stern reminder of the importance of adhering to legal procedures and rules in government appointments.

Date of Decision: August 22, 2023

SMT. DULU DEKA  vs STATE OF ASSAM & ORS.