Vijay Bahuguna, J. - (1.) HEARD counsel for the parties. By means of present writ petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus, directing the respondents to pay salary of assistant teacher from 14 -12 -1980. On 17 -12 -1974 the petitioner was appointed as Assistant Teacher in Kanya Basic Primary Pathshala Bijoli, Aligarh. However, by Annexure -4, dated 22 -10 -1980 at the request of the Head Mistress of the Kanya Karamottar Junior High School Bijoli Aligarh, U.P. Balika Vidyalaya Nirkshak Aligarh directed the petitioner to join the Primary School till further orders. In paragraph 6 of the petition the petitioner has stated that since 24 -12 -1980 the petitioner is teaching students of Kanya Karamottar Pathshala Bijoli as such she is entitled to the salary of Assistant Teacher. The averments made in the writ petition have not been denied in the counter -affidavit. On 2nd September, 1986 this court while admitting the petition had passed an order that the petitioner will be permitted to teach in Junior High School Pathshala. Hence this petition. In view of the fact that the petitioner has been continuously teaching in Junior High School Pathshala since 24 -12 -1980 by virtue of the order of the Basic Shiksha Adhikari (Annexure -4 to the petition) and also in terms of the order passed by this court dated 2 -9 -1986, she is entitled in law to be paid the salary of the Assistant Teacher. She is also entitled in law to get other benefits for having worked in Junior High School w.e.f. 24th December, 1980. The respondents are directed to pay salary of the Assistant Teacher to the petitioner and grant all the consequential relief's to which she is entitled. Her right for fraction shall be considered strictly in accordance with rules and regulations.
(2.) THE petition succeeds and is allowed, There is no order as to costs. The respondents are directed to comply with the orders of this Court within three months.;