TaxTMI 
TaxTMI 
2003 (2) TMI 538
X X X X Extracts X X X X
X X X X Extracts X X X X
.....2.1992. Thereafter they filed writ petitions in the High Court for quashing the said Government order and also for direction to treat them as having been regularly appointed in the service of the respective Zilla Parishads and also to pay the arrears of salary and allowances from the date of their initial appointment till the date of payment. In the writ petitions, they pleaded that they were all working as teachers in primary and high schools on honorarium of Rs. 200-300 per month. According to them, Zilla Parishads of Dakshina Kannada, Kodagu and Shimoga passed resolutions with certain conditions as authorized by the Government by its circular dated 15.10.1987 to open new primary and high schools in rural areas. One of the conditions was....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ntments of the teachers were not against the sanctioned posts and at no point of time State Government had approved their appointments. Ultimately, it was strongly contended that writ petitioners were all teachers working in the schools on honorary basis and honorarium was paid by School Management Committees; as such they were not entitled to any one of the reliefs sought in the writ petitions. The learned Single Judge, after considering the respective contentions and keeping in view the decisions of the High Court as well as of this Court, disposed of the writ petitions giving the following directions:- "i) That if the petitioners apply for appointment at the time of making regular appointment, their application will be consid....
X X X X Extracts X X X X
X X X X Extracts X X X X
....counsel for the appellants in their arguments reiterated the submissions that were made before the High Court. They contended that having regard to the facts and circumstances of the case and taking note of length of service the appellants have already put in, they ought to have been granted reliefs by the High Court. The learned counsel also added that in view of the amendments to Rules in 1997 even honorary or part time teachers are entitled to the benefit. In opposition, the learned counsel for the respondents made submissions supporting the impugned order. Pointing out to certain statements made in the counter, the learned counsel submitted that keeping in view the directions given by the High Court, their cases were considered. Acco....
X X X X Extracts X X X X
X X X X Extracts X X X X
....her sympathy in the given facts and circumstances of the case. While being sympathetic to the persons who come before the court the courts cannot at the same time be unsympathetic to the large number of eligible persons waiting for a long time in a long queue seeking employment. The learned Single Judge in this view, rightly so in our opinion, held that "in such situation it is difficult to accept the plea of the petitioners that they were appointed against regular post and appointment orders would clearly indicate that the appointment of the teachers was purely temporary and on honorarium basis subject to its approval by the State Government and petitioners have not produced any document to show that their appointment has been approved by ....