M.Y. Eqbal, J. - (1.) IN the instant writ application the petitioner has prayed for issuance of appropriate writ directing respondent No. 3 District Education Officer, Gumla to pay petitioner's salary alleged to have illegally and arbitrarily with -held from February 1998.
(2.) PETITIONER 's case inter alia is that petitioner is working as teacher in Saheed Harman Rascart High School, Kutungia in the District of Gumla which is a recognized aided religious Minority High School and payment of salary of teacher of the school is being funded and financed by the State Government, Department of Education through the District Education Officer, Gumla. It is contended that she was appointed in the year 1981 by the Selection Committee of the School Management and since then she has been working and discharging her duty. The proposal for formal approval of the petitioner's appointment along with supporting papers were sent to respondent No. 3 and the appointment of the petitioner was approved in 1981 itself. However, payment of salary has been illegally stopped and withheld by respondent No. 3 from February 1998. The case of respondent No. 3 in the counter affidavit is that neither the appointment of the petitioner was against the sanctioned post of Geography teacher nor she had the requisite qualification for the post of Geography teacher. The Managing Committee of the School did not submit the proposal of the petitioner's appointment for its approval by the Board. The proposal was submitted after lapse of 10 years i.e. in the year 1991 and without verifying the proposal the Board approved it. The Board enquired into the matter and it was found that petitioner was appointed on the vacant post of Geography teacher while she had not opted even Geography at the graduation level. It is stated that the Director, Secondary Education, Bihar Patna vide letter dated 19.9.1998 directed all the officers of the Education Department to stop payment of salary to those teachers appointed after 2.10.1980 in the Government aided minority Schools, if their services have not been approved by the Board. The salary of the petitioner was held -up in obedience of the aforesaid direction. Lastly it is stated that later on respondent No. 3 enquired into the matter the facts came to his notice that the appointment of the petitioner was illegal and as such the same cannot be approved.
(3.) I have heard Mr. M.M. Pan, learned counsel for the petitioner and the learned G.P. 2.;