IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

     CIVIL  APPEAL No. 7144    OF  2008

                 [Arising out of SLP(C)No.2989 of 2007]

   JAMES PHILIP ...   Appellant(s)   

  Versus    

FR.CA.  POULOSE  & ORS

...

Respondent(s)   

O R D E R  

Leave granted.

The appellant was appointed in the school in question in the year  

1986 and has worked  in the school  purportedly in the post of  Assistant

Teacher  all  through  out.   It  has  been  submitted  on  behalf  of  the  

respondents that such appointment had been made despite the fact that  

there were  only four vacancies available and the appellant's appointment  

was the fifth appointment.  Be that as it may, it now transpires that there is  

one vacancy which has arisen in the Higher Secondary school for the post  

of Assistant Teacher.

Having  heard  learned  counsel  for  the  respective  parties,  we  

dispose of the appeal by directing that  the appellant's  service  from  

1986 onwards till the vacancy arose should be treated as an  appointment  

as Upper Primary School

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Assistant.  Thereafter, he may be adjusted against the vacancy which has  

arisen and his services may be continued in the post  as School Assistant  

with effect from 2004 with continuity of service.   

There will be no order as to costs.

             ...................J.                                  (ALTAMAS KABIR)   

            ...................J.                         (MARKANDEY KATJU)           

New Delhi, December 05, 2008.