Law:

Section:

(i) Service Tribunals Act, 1973 (IX of 1973)- ----S. 4--Termination of Service--Illegal appointment--Illegality and lapses committed by department--Validity--Once the appointee is qualified to be appointed, his service cannot be subsequently terminated on the basis of lapses and irregularity committed by department. [P. 695] A 1996 SCMR 413 and 2006 SCMR 285. Order Brief facts leading to this ICA are that in the year 1995 certain posts of Elementary English Teachers (BS-14) under the administrative control of Respondent No. 1 had fallen vacant to be filled in by a method of direct recruitment. The appellant applied for the appointment as Elementary English Teacher. She was appointed as Elementary English Teacher in BS-14 by Respondent No. 1 vide order dated 2.9.1995 but the same had never been conveyed to her. 2. In the month of October, 1999, a person posing himself to be a peon of the office of Respondent No. 1 paid visit at the house of the appellant and told her that she has been selected and she should join at the place of posting. The petitioner went to the office of Respondent No. 1 and confirmed the above information. The petitioner also came to know that Respondent Nos. 1 & 2 had been drawing her salaries with her forged signatures and they had been passing transfer orders as well as they had been granting leave to the petitioner but all these proceedings were fictitious in nature. In fact the petitioner never received even a single benefit from the respondents and she neither joined service at any school nor she performed duties at any time. 3. The petitioner requested the respondents to allow her to join and perform her duties as Elementary English Teacher but they had refused to do so. Therefore, the petitioner filed W.P. No. 412 of 1999 which was dismissed on the ground of laches by the learned Single Judge in Chamber vide order dated 3.5.2006. Against the said order, the appellant has filed this ICA. 4. On 30.11.2006, a pre-admission notice was issued to the respondents. In response to the said notice, the learned AAG had appeared on 8.1.2007 and stated that inquiry proceedings are underway and likely to be concluded within a week. On…

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