ARCHANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the counsel appearing for the State.

(2.) PETITIONER 'sgrievance is that her salary is not being paid since April, 2008 till dated. Prayer is for a direction to the respondents authorities to pay arrears of salary and current salary as she is working on the post of Panchayat Teacher.Petitioner 'sappointment was made considering her qualification of Madhyama Visharad for which certificate was issued by Hindi Sahitya Sammelan, Prayag, Allahabad. The degree of Madhyama Visharad was considered equivalent to intermediate degree and she was appointed on the post of Panchayat Teacher. Subsequently, she was also paid her salary till the month of March, 2008 but from April, 2008, its payment was stopped.

(3.) RELIANCE has been placed by the petitioner on a decision of this court passed in C.W.J.C. No. 10748. of 2008 where it has been held that any subsequent decision by the respondents, with regard to Madhyama qualification from Hindi Sahitya Sammelan, Prayag, Allahabad can only be with prospective effect including a revision or overturning of the earlier decision of the State Government in context of the same issue taken in 1965 reiterated in 1973. It has also been held in this very decision that the court shall not permit the employer to re -write or explain the advertisement to exclude persons whom the employer had earlier found fit for employment. Once the employer had already taken decision, they cannot decide in any other way. Petitioner was also appointed under 2006 Rules where the requisite qualification was intermediate or any equivalent degree.