MANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) INITIALLY , this writ application was filed challenging the order, as contained in annexure 1 dated 7th December, 2004, whereby and whereunder necessary directions were issued to enquire into the matter about the appointment of the petitioner on compassionate ground and in the meantime, further direction was issued not to pay the salary to the petitioner.

(3.) IT is contended by Mr. Rajendra Prasad Singh, learned counsel for the petitioner, that Mst. Manti Devi applied for her appointment on compassionate ground on account of deat of her husbend Chandrashekhar Das, who was working as an Assistant Teacher in Middle School, Hasanpur, in the district of Munger, vide her application, as contained in annexure 2. and the case of the petitioner alongwith others thereafter was considered by the Compassionate Appointment Committee and a decision was taken by the Committee vide annexure 3 to appoint her on compassionate ground. However, her name was spelt out in the proceeding as Asari Devi instead of Manti Devi and thereafter appointment letter was issued vide annexure 4. The petitioner having received the appointment letter was surprised to see her name as Asari Devi and she immediately reported the matter and represented before the District Superintendent of Education, Munger enclosing therewith her appointment letter vide annexure 5 dated 31.8.1989 for making necessary correction therein. Pursuant to her application, the District Superintendent of Education, Munger, directed for correction of her name in the appointment letter as Smt. Manti Devi vide letter no. 85/3 dated 4.9.1989. The correction made by the District Superintendent of Education was approved by the Establishment Committee vide annexure 7 dated 6.9.1989. After annexure 7 corrected appointment letter was issued to the petitioner vide annexure 8. The petitioner thereafter was posted in High School, Korane on the post of Orderly Peon vide annexure 9 dated 3rd December, 1990. The petitioner thereafter continued on her post and for the first time, vide letter, as contained in annexure 1 dated 7th December, 2004, an inquiry was set up and her salary was withheld and ultimately, now she has been terminated vide order, as contained in annexure 11.