DISTRICT COLLECTOR AND CHAIRMAN VIZIANAGARAM SOCIAL WELFARE RESIDENTIAL SCHOOL SOCIETY VIZJANAGARAM Vs. M TRIPURA SUNDARI DEVI

JUDGEMENT

(1.) The admitted facts in the present case are that the respondent applied for Grade I and Grade II teacher posts (Post Graduate Teacher and Trained Graduate Teacher posts respectively) in September 1985 pursuant to a newspaper advertisement calling for applications for the said posts. Admittedly, the qualification prescribed in the advertisement for the said posts was a second class degree in MA, and the respondent held a third class degree in MA. However, it appears that on 27/12/1985, an order was issued wrongly by appellant 1 appointing her as a Post Graduate Teacher in Hindi. The order stated that her appointment was subject to the production of original certificates and to the compliance with the other necessary formalities. When purusant to the order, the respondent approached the authorities with the certificates, it was noticed that the respondent was not qualified for the post. She was, therefore, not allowed to join the service, and was sent back.

(2.) The respondent thereafter approached the Andhra Pradesh Administrative tribunal at Hyderabad representing to the tribunal that pursuant to the order of 27/12/1985 she had joined her duties on 2/01/1986 and that she should be allowed to continue in service with all the benefits from that day. The tribunal passed the impugned order directing the appellants to allow her to join the duties and to pay to her salary from the date she reported for her duties in compliance with the order of 27/12/1985. The tribunal also awarded costs against the appellants.

(3.) We are of the view that the tribunal is clearly in error. The reasons given by the tribunal in support of its order are, firstly, that the appellants had issued the order of appointment knowing fully well that she was not qualified, and secondly, that she was selected for the appointment because there was no other candidate available with better marks.