STATE OF ORISSA vs KHIROD KUMAR NAYAK

The Supreme Court upheld the Orissa High Court's decision regarding the appointment of a 'fourth peon' in an aided educational institution under the Orissa Education Act, 1969 and the Recruitment Rules, 1974. The Court found that the High Court correctly equated the 'fourth peon' with the 'Daftry' position, which is a promotional post, and ruled that the refusal of the State to approve the appointment was unjustified. The Court emphasized that the yardstick for staff appointments must be interpreted in light of the evolving circulars issued by the State government.