Client not bound by concession in law contrary to statutory rules made by his lawyer before a judicial authority

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court)

We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed by the High Court as well.

The concession given by the learned State Counsel before the Tribunal was a concession in law and contrary to the statutory Such concession is not binding on the State for the reason that there cannot be any estoppel against law. The rules provide for a specific Grade of Pay, therefore, the concession given by the learned State Counsel before the Tribunal is not binding on the appellant.

FULL TEXT OF THE SUPREME COURT JUDGEMENT

1) The challenge in the present appeal is to an order passed by the High Court of Orissa on March 3, 2016 whereby, the writ petition filed by the appellant challenging the order passed by the Odisha Administrative Tribunal¹on February 19, 2010 remained The Tribunal has directed the appellant to grant pay scale of Trained Intermediate Arts Teacher i.e. Rs.1080/- – Rs. 1800/-.

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