STATE OF ORISSA vs RAJENDRA KUMAR DAS

The Supreme Court addressed the legality of appointing a 'fourth peon' in aided educational institutions under the Orissa Education Act, 1969 and the Recruitment Rules, 1974. The Court held that the High Court erred in equating the 'fourth peon' with the promotional post of 'Daftary', as the latter is not a direct appointment but a promotion based on specific yardsticks. The Court ultimately ruled in favor of the State of Orissa, stating that the appointment of a 'fourth peon' lacks legal foundation and is not supported by the prescribed yardsticks for staff in non-government secondary schools.