INDIA LITERACY BOARD AND ORS. versus VEENA CHATURVEDI AND ORS.

Citation: [2005] 2 S.C.R. 200 · Decided: 21-02-2005 · Supreme Court of India · Bench: ASHOK BHAN · Disposal: Disposed off
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Judgment (excerpt)

A 
INDIA LITERACY BOARD AND ORS. 
v. 
VEENA CHATURVEDI AND ORS. 
FEBRUARY 21, 2005 
B 
[ASHOK BHAN AND DR.·AR. LAKSHMANAN, JJ.] 
Constitution of India-Article 226 : 
Writ of Mandamus-Issuance of-Held : Mandamus cannot be issued 
C for continuing the appointee in service after expiry of contractual period 
D 
Writ Petition-Relief not prayed for, granted by High Court before final 
disposal-Propriety of-Held: Not proper for High Court to award relief not 
prayed for, even before the disposal of the main case. 
Respondents were appointed as teachers by the Appellant-Society on 
contractual basis for a fixed period. After expiry of the contractual period, 
Appellant issued an advertisement for fresh recruitment of teachers. 
Respondents were eligible to apply again. However, instead of applying 
they preferred writ petition for quashing the advertisement and seeking 
E mandamus to appellant to allow them to continue as teachers. Single Judge 
of High Court, as an interim measure directed appellant to withhold 
implementation of any selection till the next date of hearing. Aggrieved 
by interim orders, appellant approached the Division Bench, and it held 
that since respondents had served for a period 8-13 years, appellant would 
not suffer any loss if respondents were allowed to work as teachers for 
F one month more. In compliance of the above order, appellant paid salary 
to the teachers. Thereafter, respondent filed an application seeking 
clarification of the order of Division Bench contending that the purport 
of order was to allow the respondents to work and pay them their salary 
till decision of the Writ Petition. The said application was posted before 
G another Division Bench, and it held that respondents should be paid salary 
in terms of the order passed by the Single Judge. Hence the present appeal. 
H 
Disposing of the appeal, the Court 
HELD : 1. In a case of contractual appointment for a fixed term, 
200 
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INDIA LITERACY BOARD v. VEEN A CHA TURVEDI 
201 
mandamus cannot be issued for continuing the appointee in service. In A 
the present case as an interim measure a direction has been given by the 
High Court to issue appointment orders, which was not even the main 
relief claimed in the writ petition. 1208-CJ 
2. Though a specific direction was given by the Division Bench to 
pay salary for one more month in pursuance of the interim order, the said B 
order had been wrongly interpreted by another Division Bench of the High 
Court. Admittedly, the respondents are not working in the school. When 
they are not working in the school, they are not entitled to any salary by 
applying the rule of no work, no pay. It is not in dispute that the 
Management has issued an advertisement inviting applications from C 
eligible candidates. The respondents have in fact not applied for the post 
in question in response to the advertisement, instead they chose to invoke 
the extraordinary jurisdiction of the High Court under Article 226 of the 
Constitution of India. 1208-E, Fl 
3. The question raised in the writ petition is an arguable one. The D 
affidavits and counter affidavits have already been exchanged and, 
therefore, in the interest of justice a direction is issued to the Single Judge 
of the High Court to take up the main writ petition itself for final hearing 
and dispose of the same on merits including the maintainability of the writ 
petition .. (208-G, H; 209-AJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1317 of2005. 
From the Judgment and Order dated 8.5.2003 of the Allahabad High 
Court in C.M. Application No. 18906/2002 in S.A. No. 296 (S/B) of 200 I. 
E 
Mahabir Singh, Rakesh Dahiya, Madhusmita Bora and Gagandeep for F 
the Appellants. 
Mrs. Shobha Dikshit and Pradeep Misra for the Respondents. 
The Judgment of the Court was delivered by 
DR. AR. LAKSHMANAN, J. Leave granted. 
This civil appeal is directed against the final judgment and order dated 
08.05.2003 passed by the High Court of Judicature at Allahabad, Lucknow 
Bench in C.M. Application No. 18906/2002 in Special Appeal No. 296 (S/ 
G 
B)/2001 whereby the High Court has dismissed the petition. 
H 
202 
SUPREME COURT REPORTS 
[2005) 2 S.C.R. 
A 
The appellant - India Literacy Board is imparting education to children 
upto Class VIII at Lucknow, which ~·is now a separately registered society 
under the Societies Registration Act, 1860. The respondents were appointed 
as teachers on purely contractual basis subject to the tenns and con
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