VidhiSangh

Supreme Court of India · 04/12/2018

V. K. GIRIJA V. RESHMA PARAYIL & ORS. versus RESHMA PARAYIL & ORS.

[2018] 14 S.C.R. 1036 · 2018 INSC 1147

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the claim to appointment by transfer as Higher Secondary School Teacher (Economics). Under Chapter XXXII, Rule 4(2), vacancies rather than total cadre strength governed the residual 1:3 transfer/direct-recruitment ratio. The earlier general cadre-strength rule did not displace this later statutory scheme. Appointment of the respondent was directed from 1 January 2019, with a case-specific option to adjust the displaced direct recruit against the respondent’s existing post.

Issues

  1. Whether the transfer/direct-recruitment ratio for Higher Secondary School Teachers applied to vacancies or cadre strength.
  2. Whether Note (3) to Rule 5 of the State and Subordinate Services Rules displaced Chapter XXXII of the Education Rules.
  3. What relief followed for the teacher already serving by direct recruitment.

Provisions considered

Held

Result

Appeal dismissed subject to the directions for the respondent’s appointment by transfer and the appellant’s optional, case-specific adjustment from 1 January 2019.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1036.