Muhammad Habeeb Shams Ansari, J. - (1.) The petitioner in the instant case has prayed for the substantive relief, inter alia, as under :- "(a) A writ of and/or in the nature of Mandamus commanding the respondents, each one of them, to accord approval to the appointment of the petitioner particularly in terms of the Government order dated 26th November, 1981 being Annexure'G' herein with effect from the date of her appointment and release all benefits of service pursuant thereto."
(2.) The foundation for the said relief as stated in the writ application is that the petitioner was appointed as assistant teacher by the letter of appointment dated 7.1.1976 being Annexure'A' to the application. In Paragraph Rs.3', it has been asserted that the aforesaid appointment of petitioner was made against the normal vacancy caused by promotion of one Sri S.S. Prodhan, Assistant Teacher to the post of Head Teacher of the said school and superannuation of Shri H.P. Ukil, then Head Teacher on and from 17.3 1977. The petitioner, it has been asserted, joined the school pursuant to the said order of appointment on 2.2.1976 and has been continuously working as assistant teacher without any break and without any remuneration.
(3.) The petitioner has relied upon the statement being Annexure 'E' to the writ application said to be the staff pattern wherefrom it was sought to be contended that there are Rs.8' approved posts of teachers out of which 3 posts were approved at the material point of time and 5 posts had been lying vacant. The petitioner due to her continuous service for the past several years since 2.2.1976, it is contended, is entitled to be approved in one of the said posts.;