SWARAN KAUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned S.C.V, for the State.

(2.) The petitioner was appointed as a temporary teacher in the year 1985 by the Managing Committee of Sardar Madho Singh Memorial School, South Park, Jamshedpur. Admittedly the said school is a minority aided school. The petitioner completed her B.Ed. and got the degree from Sister Nivedita College, Calcutta. The said examination was held on 23.01.1994 and the B.Ed. degree was conferred to the petitioner on 09.05.1994. An advertisement was issued by Sardar Madho Singh Memorial School for appointment of teacher on regular basis some time in the year 1994, as there were two vacant sanctioned units in the said school. The minutes of the meeting dated 25.09.1994 (Annexure-2 to the writ petition) suggests that the advertisement was published in the Local Newspaper 'Awaz' on 24.08.1994 calling for applications to fill-up the vacancies against two Govt. approved units of teachers in the said school. The petitioner applied and faced written examination and interview. It also suggests that an interview was held on 25.09.1994 at 10.00 A.M. Mr. Sanjay Kumar Singh, B.E.E.O. (government official of the education department) was also present in the interview, representing the State. The interview was preceded by written examination. After judging the performance, qualification and experience of all candidates, this petitioner along with one another was selected to be appointed against the vacant post. The appointment letter of the petitioner was issued on 24.10.1994 and the petitioner was appointed with effect from 01.11.1994. The appointment letter has been brought on record as Annexure-1 to the writ petition. The petitioner claims that from 01.11.1994 she worked and imparted teaching in the said school.

(3.) As the School was a minority aided institution, a letter was sent by the Managing Committee of the School to the District Superintendent of Education, Jamshedpur to approve the appointment of this petitioner along with another with effect from 01.11.1994. The said letter has also been brought on record as Annexure-3. The appointment of the petitioner was duly approved with effect from 01.11.1994 by the District Superintendent of Education, Jamshepdur vide his letter no. 4861-65/Jamshedpur dated 10.07.1995 in the scale of Rs. 1200-30-1380-EB-30-1560-EB-40-1800-EB-40-2040. In the said confirmation letter it was mentioned that the salary of the petitioner will be paid only upon approval of the Director, Department of Primary Education of the Government.