Even If Appointment Was Irregular, State Has To Pay Salary For Work Done By Employee : Supreme Court

The Supreme Court has set aside a direction to recover from a person the salary paid to him after his appointment as a teacher was found to be irregular.

The Supreme Court noted that the person had worked for nearly 24 years a teacher before his services were cancelled for the reason that his appointment was irregular. It was found that he was a relative of a member of the selection committee and hence his appointment was contrary to the rules. While cancelling his appointment, the State also directed the recovery of salary paid to him.

Though the person approached the High Court challenging the cancellation order, it did not interfere. Aggrieved, he approached the Supreme Court.

A bench comprising Justice Hemant Gupta and Justice V Ramasubramaniam observed that the High Court ought to have appreciated the fact that he had worked for nearly 24 years.

"We find that the High Court has failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary", the Court observed.

The Top Court added that the High Court ought to have appreciated the facts in "proper perspective" and set aside the HC direction.

Accordingly, the Supreme Court set aside the order dated 24.12.1998 and directed the authorities to treat appellant as retired on the date of the order i.e. 24.12.1998 and to pay pensionary benefits, if any, due to him for the services rendered.

Case Title : Man Singh versus State of Uttar Pradesh

Citation : 2022 LiveLaw (SC) 341

Headnotes- Service Law - Even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary

Click here to read/download the order