Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to pay arrears of salary w.e.f March, 2005 till date.
(2.) The factual exposition, as delineated in the writ application, in a nutshell is that the petitioner was appointed as an Assistant teacher in the year 1981, by the Selection Committee and School Management, in Saheed Herman Rascart High School, Kutungia in the district of Gumla (now Simdega), which is a recognized aided religious Minority High School, being funded and financed by State Government. While continuing as such, her salary was stopped from February, 1998, against which the petitioner approached this Court by filing W.P. (S) No. 3356 of 2002 which was allowed vide order dated 26.02.2003 directing the respondents to make payment of entire period, however, liberty was reserved with the respondents to take any action in accordance with law. But when order dated 26.02.2003 passed in W.P. (S) No. 3356 of 2002 was not carried out, the petitioner filed one contempt petition, being Cont. Case (Civil) No. 398 of 2003 and only after filing of Contempt Petition, arrears of salary amounting to Rs. 8,78,125.00 was paid.
(3.) After making such payment, the respondents-authorities proceeded against the petitioner, which resulted in termination vide letter dated 09.11.2005 w.e.f 31.10.2005. Being aggrieved, the petitioner again knocked the door of this Court by filing W.P.(S) No. 114 of 2006, which was withdrawn in order to move the Tribunal as at the relevant time 'Jharkhand Education Tribunal' was constituted for redressal of grievances of teaching and nonteaching staffs of Minority Aided Schools. Thereafter, the petitioner moved the Tribunal by filing Case No. 35 of 2006 (JET), which was disposed of vide order dated 14.07.2006 quashing the order of termination and direction was made to make payment of arrears of salary. Against that order, the Opp. Party-Secretary of the said school preferred appeal before this Court by filing A.C (S.B) No. 11 of 2006, which was dismissed vide order dated 31.10.2006 without interfering with the order passed by the Tribunal. But in the meantime, when the order passed by the Tribunal, with respect to payment of back wages, was not given effect to, the petitioner filed contempt case bearing M.J.C No. 8 of 2006, in which, on being noticed, the opposite party-Secretary of the school appeared and pleaded that school in question is a government aided recognized aided Minority school and payment of salary of teaching and nonteaching staff is being made by State Government, however, in the light of order passed by the Tribunal, the bill for payment of arrears of salary due from March, 2005 has already been submitted by the School Management before District Education Officer. In such view of the matter, the contempt proceeding was dropped with liberty that if the arrears of payment is not made by Education Department, the petitioner will be at liberty to file writ application before this Court. Hence, when no payment was made, the petitioner preferred the present writ application for payment of arrears of salary.;