Pramath Patnaik, J. - (1.) Heard Mr. Afaque Ahmad, learned counsel for the petitioner, Mr.Anuj Burman, learned A.C. to S.C.V appearing for the RespondentState as well as Mr. Bhanu Kumar, learned counsel for the Respondent No. 5.
(2.) In the accompanied writ application, the petitioner has sought for the following reliefs: - (a) For quashing of the order dated 19.12.2008, issued by the Director, Secondary Education, Human Resources Development Department, Government of Jharkhand (respondent No. 3). (b) For holding and declaring that the aforesaid action of the concerned respondents is completely illegal, arbitrary and against the law considering that the petitioner after being duly appointed as Assistant Teacher has rendered long service w.e.f. 1.4.1996. (c) For direction upon the respondents to grant and make payment of arrears as well as current salary to the petitioner as the petitioner has been working in the School w.e.f. 1.4.1996, but she is not getting salary without any fault on her part.
(3.) The brief facts, as has been revealed in the writ application are that in pursuance to the advertisement, published by the Secretary, Lutheran Girls High School, Govindpur, Ranchi in local newspaper 'Ranchi Express', dated 23.11.1995, inviting application for appointment of Graduate trained girl's teacher in the subject of English including Geography for one post, the petitioner fulfilling the eligibility criteria made her application alongwith others for the aforesaid post and thereafter written examination and interview was held by the Selection Committee and after participating in the said written examination and interview, the petitioner stood first and as such, the Managing Committee in its proceeding dated 12.03.1996 took a decision to appoint the petitioner against the vacant post of Assistant teacher of English subject in the scale of Rs.1640-2900/-. In pursuance to the appointment letter dated 20.03.1996, the petitioner gave her joining on 1.4.1996 and the petitioner's joining was duly accepted in the aforesaid school. Thereafter, the concerned District Education Officer, Ranchi and the District School Inspectress, Ranchi have been informed by the Secretary of the said School for necessary action. It has been further stated that the District Education Officer, Ranchi vide letter dated 22.04.1997 wrote to the Secretary, School Service Board, Patna with regard to approval of the aforesaid appointment of the petitioner and in pursuance of the aforesaid letter, the Secretary, School Service Board, Patna vide letter dated 24.3.1999 sought some notification and besides other relevant documents, the District Education Officer, Ranchi vide letter dated 25.06.1999 provided the rectified report to the Secretary, School Service Board, Patna on obtaining the same from the School Management and in spite of the aforesaid fact, the decision regarding approval, remained pending before the said authority. Since the matter regarding approval of the petitioner's appointment was being delayed, the petitioner filed writ application being W.P. (S) No. 2724 of 2002. However, in the meantime, vide letter dated 6.7.2002, the Secretary of the said School terminated the petitioner's services. The petitioner withdrew the aforesaid writ application on 31.08.2006 and moved before the Jharkhand Education Tribunal in Case No. 68/2006 (JET) challenging the aforesaid illegal termination order passed by the Secretary of the said School and the learned Tribunal vide order dated 10.01.2007 has quashed the termination order dated 6.7.2002 and directed to make payment in favour of the petitioner in the same scale in which the petitioner was appointed. The School Management preferred A.C. (S.B.) No. 07 of 2007 and L.P.A No. 232 of 2007 before this Court and vide orders dated 26.04.2007 and 06.07.2007, the said AC (SB) and the L.P.A. respectively were dismissed by this Hon'ble Court. Thereafter, the petitioner gave her joining in the aforesaid School on 26.07.2007 and since then she has been continuing there and is imparting teaching work to the satisfaction of the school authorities, which is evident from the certificate dated 5.2.2011, issued by the Secretary of the said School and inspite of the fact that the petitioner's appointment was made after following due procedure against the vacant and sanctioned post, the application for approval of her appointment has been rejected by the Director, Secondary Education, Government of Jharkhand, Ranchi vide order dated 19.12.2008. As evident from order dated 3.9.1991, there are 13 sanctioned posts of the teachers in Lutheran Girls High School, Govindpur, Ranchi and the petitioner's appointment was made on 20.03.1996, which clearly transpires that at the time of appointment of the petitioner, there remained sanctioned post in the aforesaid School. The petitioner has repeatedly made representations and has recently on 23.12.2010 represented before the Director, Secondary Education, H.R.D. Department, Government of Jharkhand through proper channel for approval of her services and payment of arrears of salary, but no action has been taken up till now. Left with no alternative, efficacious and speedy remedy, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of her grievances.;