- (1.) Justice must be always above law. But yet it has to be administered in accordance with law. Sense of JUSTICE although should pervade the finding of a Court but at the same time sentiments and emotions however strong, the same cannot bind such reasoning or conclusion arrived at by a Court.
(2.) In such curve we have been asked by the State Government to look into an order passed by the learned trial Court in connection with W.P. No. 28200(W) of 2008 passed on 7/8/2009 wherein a casual employee engaged by the respondent No.4 has been fructified into a permanent post. Background facts necessary for the purpose of proper disposal of this appeal can be put in a short compass. On 12.3.95 the Secretary, Kandi Raj High School (H.S.) gave appointment in favour of the respondent No.1 on a purely temporary basis in the post of Librarian. The Secretary (respondent No.4) in the Appointment Letter (Annexure - P/2) dated 12/3/1995 made it clear - "Please note that this is purely of a casual nature". The appointment given in favour of the respondent No.1 as a Librarian was also captioned Casual Librarian. Since the respondent No.1 continued in the said Post, he felt that he accrued an inalienable right and approached the Writ Court of the first instance (Annexure - P/6) which was disposed of on 18th June, 2008 by way of passing a direction upon the District Inspector of Schools (S.E.) "to consider the case of the petitioner in accordance with law and also taking into consideration the fact that he is continuously working since 1995 without any break or blemish, as has been accepted by.......and to take a decision within a period of six weeks from the date of receipt of a copy of this Order. Whatever action and/or decision he takes, should be based in accordance with law." After the matter was routed before the appellant No.3 (Annexure - P/6) he came to the conclusion - "Heard the parties and gone through the papers and records. It is found that the petitioner is appointed as a Casual Librarian on a monthly remuneration of Rs.200.00 as per resolution adopted by the then Managing Committee. The activities of the school authority do not admit the recruitment rules and procedure. In terms of Management Rules of Non Govt. Aided Educational Institution, the Managing Committee has no authority to appoint any person without following the recruitment procedure."
(3.) This saw the respondent No.1 in a second trip before this Court by way taking out a writ application which has resulted in the Order that has been the subject-matter of challenge in this appeal at the instance of the State Government. The Hon'ble trial Judge found fault with the appellant No. 3 for not complying with the direction passed by the Writ Court of first instance. The Hon'ble trial Court also found fault with the appellant No.3 to the effect that he did not consider the case of the petitioner in accordance with law and also take into consideration the fact that he is continuously working since 1995 without any break and found fault with his decision.;