IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 7144 OF 2008 [Arising out of SLP(C)No.2989 of 2007] JAMES PHILIP ... Appellant(s) Versus FR.CA. POULOSE & ORS ... Respondent(s) O R D E R Leave granted.
The appellant was appointed in the school in question in the year 1986 and has worked in the school purportedly in the post of Assistant Teacher all through out. It has been submitted on behalf of the respondents that such appointment had been made despite the fact that there were only four vacancies available and the appellant's appointment was the fifth appointment. Be that as it may, it now transpires that there is one vacancy which has arisen in the Higher Secondary school for the post of Assistant Teacher.
Having heard learned counsel for the respective parties, we dispose of the appeal by directing that the appellant's service from 1986 onwards till the vacancy arose should be treated as an appointment as Upper Primary School -2-
Assistant. Thereafter, he may be adjusted against the vacancy which has arisen and his services may be continued in the post as School Assistant with effect from 2004 with continuity of service.
There will be no order as to costs.
. J.
(ALTAMAS KABIR) . J.
(MARKANDEY KATJU) New Delhi, December 05, 2008.