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Supreme Court of India 2021-04-28

STATE OF ODISHA & ORS vs KAMALINI KHILAR & ANR

Bench: 2 — Uday Umesh Lalit, K.M. Joseph

In Brief

A primary school teacher was appointed when another candidate with a higher rank failed to join due to administrative error. When a Tribunal ordered the higher-ranked candidate's appointment and removal of the person appointed in her place, the teacher was terminated without prior notice. The High Court directed her appointment in an available vacancy. The Supreme Court held that while the failure to issue a show-cause notice was procedurally improper, it was not fatal because the termination was mandated by a binding Tribunal order that the State was duty-bound to implement. The Court set aside the High Court's direction for appointment and held that back wages were untenable.

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