Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 7 October 2026
Case Overview
- Parties: Appellant – Khetri Vikas Samiti (through its Secretary) and the Managing Committee & Principal of Vinodiny Post Graduate College, Khetri, Jhunjhunu; Respondent – Vijay Vir Singh, son of R.K. Singh, residing at C/38, Kolian Nagar, Khetri, Jhunjhunu, and Director, College Education, Government of Rajasthan.
- Origin: Appeal against the High Court of Rajasthan judgment that dismissed the High Court’s order directing reinstatement of the respondent with 50 % of back wages.
- Background: Respondent was initially appointed on a contractual basis for one year, later extended. He was a probationer. The appellant terminated his services on 26‑03‑1998 without prior government approval, which was later obtained on 27‑08‑1998. The termination was effected under the Rajasthan Non‑Government Educational Institutions Rules, 1993, specifically Rule 30 (requiring prior government approval for dismissal of a probationer) and Rule 39 (pertaining to all employees).
- Arguments: Appellant argued termination complied with contractual terms and the Rules; respondent claimed hostile discrimination and that termination was invalid without prior approval, seeking reinstatement or lump‑sum compensation.
- Lower Court Findings: High Court had ordered reinstatement with 50 % back wages.
Final Outcome
- The Supreme Court held that the termination falls under Rule 30; therefore, the effect of termination is from the date of government approval, i.e., 27‑08‑1998.
- The appeal is allowed in part: the termination of the respondent is upheld effective 27‑08‑1998.
- The Court directs the appellants to pay a lump‑sum compensation of Rs 5,00,000 (Rupees Five Lakhs) to the respondent within eight weeks from the date of the order.
- All pending applications, if any, are disposed of.
Topics: Employment Law, Education