Aparesh Kumar Singh, J. - (1.) IT appears after hearing the parties at some length that in respect of at least one of the petitioner i.e. Anee Agnesh Murmu there is an order of this court passed in C.W.J.C. No. 5813 of 1997(P) dated 11.4.2007 (annexed as Annexure -B to the supplementary counter affidavit dated 10.8.2007) wherein this court had after consideration of the case of the said petitioner, so far as the question of payment of salary is concerned, passed the following order : - Since no Trained Teachers applied, the minority School engaged untrained Teachers to impart education to the students in the Santhal Pargana region. Even respondent no. 3 approved the appointment though temporarily. Even when the appointment was approved no condition was imposed that the untrained Teachers are required to acquire training within any specified period and on their failure their services may be terminated. As a matter of fact, the untrained teachers were allowed to be engaged and they continued to perform their duties. Petitioner is working since 1988. In view of the peculiar circumstances, the impugned order of respondent no. 3 is not sustainable in the present case. In any case, the salary of the petitioner cannot be stopped or withheld when she has performed the duties regularly. This petition is accordingly allowed and it is directed that the petitioner will be paid the salary for the period she has performed the duties. In the even, petitioner continues in service, she will be paid her salary till such time she continues in service. I am not inclined to quash Annexure -7 which is a general circular as it may affect other relevant cases. Let arrears of salary of the petitioner be disbursed within a period of three months from the date a copy of this order is served upon respondent no. 3. In the present writ petition the said petitioner is petitioner no. 1 along with 3 others who have come before this court since the preposition statement containing the fixation of pay and confirmation of the appointment of these petitioners were not approved by the Director, Primary Education vide order dated 19.7.2005 (Annexure -12). The grounds for not approving the same as would appear from the said order impugned herein and also the statement made in the counter affidavit inter -alia are that these persons were appointed in Non Government Aided Minority Schools as untrained teachers contrary to the circular and subsequently, they are allowed to complete the in house training by the orders of the officers -Respondent department themselves contrary to the department's circular.
(2.) BE that as it may, these persons appears to have in service from 1988 and 1990. The silence of the respondent in not complying with the order dated 11.5.2007 passed in C.W.J.C. No. 5813 of 1997(P) dated 11.4.2007, so far as the payment of salary of the petitioner no. 1 is concerned, withheld since 1994 is quite intriguing. The petitioner apparently has also filed contempt petition being Contempt Petition No. 750 of 2012 and also preferred interlocutory application in this writ petition alleging non -compliance of the said direction. In the circumstances, it appears that the respondents are required to clarify their stand and offer their show cause as to why they have sat over the matter.
(3.) IN that view of the matter, as prayed for by learned counsel for the respondent -State 3 weeks time is allowed to them to come out with their specific stand over the issues involved hereinabove after taking into account all the attendant facts, documents and judgment which have been referred to herein above and also which have been relied by the petitioner. Respondents are directed to submitted their response on or before 17.12.2012.;