RIDDHI RANI DEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to pay the current salary and arrears of salary w.e.f. 22.03.2012 with all consequential benefits to the petitioner, which has not been paid to her since joining. Further prayer has been made for a direction upon the respondents to approve the appointment of the petitioner, which is pending before the DSE, Deoghar since 24.03.2012.

(2.) The factual exposition as has been delineated in the writ petition is that on 20.01.2009, an advertisement was issued for Bengali trained permanent Assistant Teacher in daily newspaper in Dinabandhu Middle School, Deoghar. Pursuant thereto, the petitioner, fulfilling all the requisite qualifications as per the terms and conditions, applied for the same. A call letter was issued on 002012 for appearing in the written test as well as interview, which was going to be held on 11.0201 The petitioner appeared in the said written test and interview and subsequent thereto, a detailed chart was prepared by the Selection Committee Members in which petitioner has been declared as successful candidate and the name of the petitioner appeared at Sl. No. 03 in the select list. It is specific case of the petitioner that her name was recommended for appointment to the post of Assistant Teacher in the said school vide recommendation dated 13.0201 The said recommendation has been confirmed on the basis of the report of the selection Committee by the respondents. Thereafter, the petitioner vide Ref. No. 10 dated 20.03.2012, has been appointed as Assistant Teacher at Dinabandhu Middle School on contractual basis and discharging her duties to the utter satisfaction of the respondents concerned. The respondents No.5 vide its letter dated 24.03.2012 had recommended the case of the petitioner for approval of her appointment before the respondent No. 4.

(3.) It is the further case of the petitioner that petitioner had duly passed the examination of Teachers Eligibility Test and a certificate dated 28.05.2013 to that extent was issued by the Jharkhand Academic Council. The Director, Primary Education vide its letter dated 22.05.2014 has given a direction to all DSE, Jharkhand to pay the salary of the teachers appointed prior to coming into effect Primary School Teacher Appointment Rule, 2012 and it was also indicated that the process of approval which has been initiated earlier should be complied with. It is specific case of the petitioner that vide letters dated 19.01.2015 and 18.05.2016, respondent No.3 had sent all the documents for fixation of pay scale of the petitioner to respondent No.4, but in spite of several letters issued by the respondents, till date the petitioner has not received a single penny though she fulfills all the requisite qualifications and her name was recommended as per the service rules and also in consonance of the framing Primary Teacher Appointment Rules, but yet the same is pending before the DSE, Dhanbad and approval has not been accorded and as such, the petitioner is working in the said school without getting even single penny. Aggrieved thereby, the petitioner represented before the respondent on several occasions for grant of approval of the recommendation as well as salary, but till date nothing has been done neither any decision has been taken and as such, the petitioner has been constrained to move before this Court for redressal of her grievances.