AJIT KUMAR SINHA, J. - (1.) Present writ petition has been preferred to quash the order dated 22.3.2004 passed by the District Superintendent of Education, Gumla vide which it has been held that the petitioner was not entitled for payment of her salary. The petitioner has accordingly prayed that she is entitled for payment of her salary and also the arrears of salary with interest.
(2.) THE case of the petitioner, as submitted, is set out as under: An advertisement was issued on 24.12.1999 for appointment of ah Assistant Teacher against a vacant post and after following the due process of selection, as conducted by the Managing Committee of the School, the petitioner was, selected and recommended for appointment with effect from 1.2.2000 in the pay scale of Rs. 1200 -2400/ -. The Managing Committee directed the Secretary of the Managing Committee to get the aforesaid recommendation approved from the Department of Education and accordingly the petitioner was appointed with effect from 1.2.2000 and she joined the service and resumed her duty. The District Superintendent of Education, Gumla approved the appointment of petitioner vide its order dated 9.9.2001 with effect from 1.2.2000 subject to the condition that the payment of salary was to be made only after getting the approval of the Director, Primary Education. It is relevant to mention here that the Deputy Director, Primary Education vide its letter No. 1179/02 -1504 1179/02 -1504 dated 28.6.2003 gave approval for payment of the salary to the petitioner and also fixed the pay scale pursuant to the approval. The petitioner, however, was denied the salary and, accordingly, being constrained, preferred a writ petition (S) No. 489 of 2004 seeking a direction to pay the arrears of salary and the same was disposed of with a direction to the District Superintendent of Education, Gumla to consider the claim of the petitioner within a period of six weeks from , the date of receipt of the copy of the order.
(3.) IN compliance of the aforesaid Hon'ble High Court's order respondent No. 3 vide its impugned order dated 22.3.2004 held that the petitioner was not entitled for payment of salary and the reason assigned was that there are altogether 12 sanctioned posts in the Primary School out of which 10 posts were for non -project post and two posts were from branch Secretariat out of which one post was transferred to Goya Urdu Primary School and as such the petitioner was not working against a vacant/sanctioned post. Accordingly, it was held that she is not entitled to salary. The petitioner, being constrained has filed the present writ petition challenging the aforesaid impugned order dated 22.3.2004. It has also been contended by the counsel for the petitioner that the chart showing the strength of the school dated 29.10.2003 shows the petitioner as functional. The petitioner further submits that a post fell vacant after the death of one Adela Minz who was working since 1.8.1993 and died on 2.11.1999 and only thereafter the advertisement was issued on 24.12.1999 for appointment of Assistant Teacher.;