- (1.) IN this writ application, petitioner has prayed for a direction the respondents to pay to the petitioner her salary / honorarium which has been withheld since the month of January 2008, even though she has been discharging her duty as a Para Teacher in the newly created Primary School, Ghaghra in Tandwa Block, Chatra. Further prayer has been made for a declaration that the respondents do not have any authority or jurisdiction to take the work of Para Teacher from any other person other than the present petitioner in the aforesaid school.
(2.) HEARD learned counsel for the petitioner and the learned counsel for the respondent State. According to the petitioners case, she was appointed in the post of Para Teacher in the aforesaid school way back on 7.9.2000. After her appointment, she was tendering her service as Para Teacher in the said school continuously. Despite her tendering continuous service pursuant to her appointment, a frivolous dispute was raised concerning propriety of her appointment as a Para Teacher. The District Superintendent of Education -cum -District Programme Officer, Chatra (Respondent No. 3) directed the Block Education Extension Officer, Tandwa, Chatra (Respondent No. 4) to conduct inquiry and to submit a report on the dispute. The Inquiring Officer after conducting the inquiry submitted his report, in which he had found the petitioners appointment to be legal and valid. Pursuant to such finding in the report, instruction was issued by the District Superintendent of Education to the Branch Manager, Bank of India, Tandwa, Chatra to allow the petitioner to operate the Bank Account of the school. Pending inquiry, the petitioners salary / honorarium was withheld since January 2008. After inquiry report was submitted, the petitioner submitted his representation before the District Superintendent of Education (Respondent No. 3) for release and payment of her salary / honorarium which has been withheld ever since the month of January 2008. Learned counsel for the petitioner refers in this context to Annexure -5 and 6 to the writ application which are representations filed by the petitioner, the last of which was filed on 23.10.2008. The grievance of the petitioner is that despite repeated representations, neither her arrears of salary / honorarium, nor her current salary is being paid to her.
(3.) THOUGH no counter -affidavit has been filed on behalf of the respondent, but the learned counsel for the respondent State invites attention to the Annexures filed by the petitioner, particularly Anneuxre -4 which informs that inquiry into the dispute had revealed that the petitioners appointment was legal and proper.;