BASIC SHIKSHA PARISHAD AND ANR. versus SMT. SUGNA DEVI AND ORS.

BASIC SHIKSHA PARISHAD AND ANR. versus SMT. SUGNA DEVI AND ORS.

Respondent No. 1 was validly appointed as an Assistant Teacher, her services were transferred to the Basic Shiksha Parishad by operation of law, and since no termination order was served, she must be deemed as continuing in service; monthly recurring salary establishes a continuing cause of action, so limitation does not apply.

Parties
Appellant: Basic Shiksha Parishad; Respondent: Smt. Sugna Devi
Jurisdiction
India
Judgment Date
12 December 2003
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 29.7.97 of Allahabad High Court in W.p. No. 8585 of 1986
Outcome
Appeal dismissed
Legal Topics
Termination of Services, Limitation
Service Law Termination of Services Limitation

Case Brief

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Parties

Basic Shiksha Parishad

Appellant

Smt. Sugna Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 29.7.97 of Allahabad High Court in W.p. No. 8585 of 1986

Legal Issues

  1. 1 Whether Respondent No. 1 was validly appointed and in service as a teacher at the relevant date
  2. 2 Whether the termination of service without serving a termination order is valid
  3. 3 Whether the claim is barred by limitation

Ratio Decidendi

Respondent No. 1 was validly appointed as an Assistant Teacher, her services were transferred to the Basic Shiksha Parishad by operation of law, and since no termination order was served, she must be deemed as continuing in service; monthly recurring salary establishes a continuing cause of action, so limitation does not apply.

Court Disposition

Appeal dismissed

Orders

  • High Court order to be given effect within three months from decision date