- (1.) HEARD counsel for the parties.
(2.) PETITIONER in this writ application has prayed for quashing the order contained in Memo No. 1698 dated 17.05.2007 (Annexure -4) passed by the Respondent No. 4 namely the District Superintendent of Education, Hazaribagh and has also prayed for issuance of direction to the respondents to reconsider the petitioner's claim in the light of the Government Resolution No. 6022 dated 18.12.1989 (Annexure -5). The petitioner's husband Late Ishwari Ram was employed as a teacher in the Middle School, Kandsar, Circle - Katkamsandi in the district of Hazaribagh where he was initially appointed on 20.04.1967 as an Assistant Untrained Teacher. Subsequently, he acquired training and he was granted Matric Trained Scale with effect from 20.08.1971. He passed his graduation in the year 1982 and later, obtained his Post Graduate Degree in March, 1991. He died in harness on 25.06.2001. Upon his death, the petitioner being his widow, filed a representation on 03.08.2006 (Annexure -2) before the concerned authorities to pay her the death -cum -retiral benefits of her husband in the senior scale. When the representation was not disposed of, the petitioner filed a writ application vide W.P.(S) No. 904 of 2007. The writ application was disposed of by directing the respondent No. 4 to consider the petitioner's claim and pass order in accordance with law. That the petitioner's representation which was filed afresh, was however, rejected by Respondent No. 4 by the impugned order.
(3.) ASSAILING the impugned order, learned counsel for the petitioner would explain that the petitioner's claim for higher scale was based upon the Government Resolution No. 6022 dated 18.12.1989 (Annexure -5) according to which, the petitioner's husband was entitled to be considered for the grant of the senior scale i.e. the scale of Rs. 6500 - 10,500/ - with effect from 01.01.1986.;