State Not Obliged To Pay Salary To Teachers Whose Appointments Are Void Ab Initio

Case: State of Kerala & Ors. v. Manager & Ors.

Coram: Justice P.B. Suresh Kumar and Justice C.S Sudha

Case No.: WA NO. 264 OF 2022

Court Observation: “If directions are issued to pay salary to teachers whose appointments are void ab initio, the same would amount to giving a premium for those who are flouting the law, and it is trite that the power conferred under Article 226 cannot be invoked for perpetuating a palpable illegality.”

“In other words, the appointments of the petitioners in the school with effect from 04.06.2004 and 07.01.2005 respectively were illegal, being contrary to the provisions contained in Chapter XIVA of the Rules and hence void.”

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Keywords

State Not Obliged, Void Ab Initio