Summary
The Court upheld the conclusion that a solitary, non-interchangeable English Lecturer post could not be filled through reservation. A State circular grouping teaching posts could not override the binding single-post rule. It nevertheless protected the appellant from recovery for work performed and directed consideration of an additional or supernumerary post. The senior claimant was to be considered for promotion with notional pay fixation, without salary arrears for the period she had not served in the lecturer post.
Issues
- Whether reservation could apply to the solitary English Lecturer post by treating teaching posts collectively.
- What consequential protection and consideration were appropriate for the serving appellant and senior claimant.
Held
- Reservation within a cadre required a plurality of posts. Where disciplines were not interchangeable, a single post in a discipline remained solitary for reservation purposes; the State circular could not displace binding constitutional precedent. (¶¶ 3, 4, 5, 6, 7, 8, 9, 10)
- The State was requested to reconsider creation of an additional post within its rules, and alternatively consider a supernumerary post until a substantive post became available. This was consideration relief rather than an unconditional order creating a post. (¶¶ 11, 12)
- No recovery was to be made from the appellant for her period of service. The senior claimant’s pay was to be fixed notionally for salary on joining and retirement benefits, without arrears for the period she had not worked as Lecturer. (¶ 13)
- The senior claimant had to be considered expeditiously for promotion pursuant to the High Court’s directions. (¶ 14)
Result
Appeal disposed of without costs. High Court’s single-post conclusion maintained. State to complete additional-post consideration within two months of certified-copy receipt and consider a supernumerary alternative if necessary. Senior claimant’s promotion consideration due within one month of certified-copy receipt; notional fixation allowed without past salary arrears. No recovery from appellant for work performed.