Summary
The Supreme Court restored the appellant’s entitlement to continue as a school Physical Education Trainer. His appointment was made while the appointing management functioned under a High Court stay, and his actual service was documented. The rival claimant asserted his claim only after twelve years, despite the appellant’s continued service, and had worked elsewhere. Delay, laches and acquiescence defeated the rival claim.
Issues
- Whether the appellant’s appointment by a management functioning under an interim judicial order was invalid.
- Whether the rival claimant’s delayed challenge could displace the appellant’s established service.
Provisions considered
- Article 142, Constitution of IndiaA case-specific, non-precedential direction awarded the unsuccessful rival claimant Rs 3 lakh and protected sums already paid from recovery. (¶ 25)
Held
- The appellant’s appointment during the management’s operation under the High Court’s stay was not illegal per se. The final management decision had not invalidated its earlier actions. The rival’s claimed appointment also preceded any vacancy in the solitary post. (¶ 15)
- Documented service and official verification supported the appellant’s continued employment. The rival had not timely asserted that he was prevented from serving, and the record supported his employment in another school. The Court did not determine the parties’ eligibility qualifications at appointment. (¶¶ 16, 17, 18, 19)
- The rival’s unexplained inaction for over twelve years, alongside the appellant’s established service and signs of acquiescence, required rejection on delay and laches. The settled principles concerning prejudice to third-party service rights applied. (¶¶ 20, 21)
- The appellant was entitled to continue as PET with service counted from 14 May 1994 and consequential benefits determined from the records. (¶¶ 22, 23, 24)
Result
Appeal allowed without costs; Tribunal and High Court judgments set aside. Appellant’s service and consequential benefits restored. Under Article 142, Odisha to pay the rival claimant Rs 3 lakh; sums already paid not recoverable. That exceptional relief is expressly non-precedential.