SMTCHANDRAWATIPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for usuancc of directions upon the respondent

(2.) The petitioner appears to have been appointed as an Assistant Teacher pursuant to the Government Orders dated 19th February, 1985 as contained in Annexure-T. Admittedly the petitioner was a Physical Trained Teacher which is a qualification of lesser than two years' regular teachers training. Accordingly, in paragraph-7 of the appointment letter it was clearly mentioned that pursuant to the Government policy the petitioner and similary situated other persons will be entitled to Matric Untrained Scale of of Rs. 535-765. Option was given to them to complete the two years regular teachers' training course within two years of their appointment at their own cost and during the period of tbe training they will not be entitled to any salary. The petitioner has not admittedly completely the said two years training. Therefore, the first prayer of the petitioner for granting her the Matric Trained Scale is untenable and is, accordingly rejected. So far as the grant of salary for different periods referred to above is concerned, since it depended on investigation of certain facts we, by our order dated 13-8-1993 had directed the Director, Primary Education, to enquire into the matter and state the relevant facts in relation to this claim. The learned Director, Primary Education, after holding enquiry has himself sworn an affidavit and has submitted a detailed report which has been filed as Annexure-'A'. On enquiry it has been found by him that the petitioner is not entitled for her salary for 17-1-87 to 9.10 88 and 15-2-92 to 10-11-92 as she did not join her duties and had not worked According to him, the petitioner is entitled for payment for the period 6-6-87 to 30-6-87, the period of deputation while she had worked and, accordingly, he has issued direction in this regard. It has further been stated that as per the order of suspension, she has not reported to the Headquarters and, therefore, necessary decision regarding payment of subsistence allowance will be taken only after she gives her joining.

(3.) No reply to the counter affidavit has been filed.