The Supreme Court on April 03, 2022 in the matter of Man Singh v. State of Uttar Pradesh has set aside a direction to recover from a person the salary paid to him after his appointment as a teacher was found to be irregular.

In the Instant case, Supreme Court noted that the person had worked for nearly 24 years as a teacher before his services were cancelled for the reason that his appointment was irregular. It was found that he was a relative of a member of the selection committee and hence his appointment was contrary to the rules. While cancelling his appointment, the State also directed the recovery of salary paid to him. Though the person approached the High Court challenging the cancellation order, it did not interfere. Aggrieved, he approached the Supreme Court.

The Bench observed that the High Court ought to have appreciated the fact that he had worked for nearly 24 years. Further, the Court observed-

“We find that the High Court has failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee without payment of any salary”

Accordingly, the Supreme Court set aside the High Court order and directed the authorities to treat appellant as retired on the date of the order and to pay pensionary benefits, if any, due to him for the services rendered.