PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to make payment of Mandeya to the petitioner for the period starting from July, 2007 till date and further prayer has been made for restraining the respondents from taking any coercive steps against the petitioner so that she may not be removed from her services.
(2.) Controverting the averments made in the writ application, counter affidavit has been filed by respondent no. 3, wherein it has been stated that in view of the circular issued vide letter dated 11.02.2005 of the office of District Superintendent of Education-cum-District Programme Officer, the petitioner has made her attendance at the school since July, 2007 onwards unauthorizedly in connivance with the Gram Shiksha Samittee and Headmaster of the school, hence her salary was stopped from the month of July, 2007. By way of filing supplementary counter affidavit filed on behalf of respondent no. 4 and 5, it has been stated that the petitioner was appointed as para Teacher by the Village Education Committee through its meeting dated 08.01.2001 and at the time of appointment her educational qualification was matriculate and in spite of the direction of Jharkhand Education Project,the petitioner has not obtained the degree of Intermediate till the deadline given to her i.e. 03.11.2007. Therefore, the Village Education Committee through its meeting dated 18.12.2008 has cancelled the contract of the petitioner to work as Para Teacher as she failed to procure the degree of Intermediate.
(3.) Mr. P. Gangopadhyay, learned counsel for the petitioner, during course of hearing, submits that at least the petitioner is entitled to get admissible Mandeya for the period she discharged her duties and even as per statement made by the respondents in supplementary counter affidavit her contract was cancelled on 18.12.2008.;