Supreme Court of India · 2009-02-02
STATE OF WEST BENGAL vs BANIBRATA GHOSH .
- Citation / case number
- SC 2007/26021
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- BANIBRATA GHOSH .
- Author
- V.S. SIRPURKAR
- Bench
- MARKANDEY KATJU,V.S. SIRPURKAR, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision to treat the respondent no.1 as an approved Assistant Teacher under the West Bengal School Service Commission Act, directing the State to allow him to resume duties and pay 50% back-wages for the period he was out of service. The Court emphasized that the respondent's continuous service and the vacancy created by the resignation of the original incumbent warranted regularization of his appointment. The judgment reinforces the principle that long-term temporary employees may be entitled to regularization when a substantive vacancy arises.