State Of Orissa & Ors vs Loknath Ray & Ors

The Supreme Court held that the appointment of a 'fourth peon' in an aided educational institution is not supported by the Orissa Education Act, 1969, and the Recruitment Rules, 1974, which do not prescribe such a position. The Court emphasized that the post of 'Daftary' is a promotional position and cannot be equated with that of a 'fourth peon'. The Court overturned the High Court's decision that had equated the two positions, thereby ruling in favor of the State of Orissa's stance that the appointment was beyond the prescribed yardstick.