Anita Sharma (Smt.) vs D.I.O.S. and Others

Rajesh Tandon, J.—Heard the learned Counsel for the parties.

By the present writ petition the petitioner has prayed for the issue of a writ in the nature of mandamus directing the respondent No. 2 to release the entire salary and allowance of the petitioner from 17.7.91 to 16.8.1998.

Briefly stated the facts giving rise to the present writ petition arc that the petitioner was appointed as a Primary Teacher in B.T.C. Grade in the respondent No. 2 institution on 13.7.1991. The petitioner worked on her post till 15.5.1998. The petitioner has stated that she did not get her salary for the period 17.7.1991. She was regularly making requests to the respondent Nos. 1 and 2 for payment of her salary and allowance. The respondent No. 1 vide letter dated 8.5.1996 addressed to the respondent. The petitioner along with another teacher Smt. Gita Sharma filed a Writ Petition No. 25307 of 1996. In this writ petition Allahabad High Court vide order dated 2.9.1998 directed the petitioner to file a representation before respondent No. 1. The respondent No. 1 was directed to decide the representation within two months. The petitioner has stated that, respondent No. 3 decided the representation of the petitioner on 10.7.1999 without complying the directions of the Court. The petitioner has submitted that taking the advantage of helplessness of the petitioner, the respondent No. 2 advertised the post of petitioner in Hindi News Paper Amar Ujala on 11.8.1999, the petitioner protested the act of the respondents and filed a Writ Petition No. 35882 of 1999 before Allahabad High Court. Allahabad High Court vide order dated 23.8.1999 has directed the respondent No. 2 that he will not fill up the post occupied by the petitioner till the representation of the petitioner made in pursuance of the order dated 2.9.1998.

The petitioner has submitted that the petitioner having been worked on the post which has now been advertised from 17.7.1991 to 16.8.1998 and she has indefeasible right on the post to be appointed.

On 20.1.2000 Hon''ble Mr. Justice R.K. Agrawal of Allahabad High Court has passed the following interim order :

"The contention of the petitioner is that the Regional Deputy Director of Education (Secondary), Garhwal Mandal, Pauri vide order dated 10.7.1999 while deciding the representation, has not complied with the directions of this Court contained in the order dated 2.9.1998. The petitioner had worked 17.7.1991 to 16.8.1998 in Phool Chandra Han Shilp Mandir, Mahila Inter College, Dchradun (hereinafter referred to as the Institution) but has not been paid her salary for the aforesaid period. Further submission is that pursuant to the advertisement dated 11.8.1999 the petitioner has also applied for the post but the management of the Institution has not issued any interview letter to any of the person including the petitioner in view of the interim order dated 23.8.1999 passed by this Court in Civil Misc. Writ Petition No. 35882 of 1999 as such apprehension raised here is that without calling upon the candidates for interview, the Committee of Management of the Institution may fill up the post.

Considering the facts and circumstances of the case, in the meantime, the respondent No. 2 is hereby directed to hold regular interview pursuant to the advertisement dated 11.8.1999 if it has not held so far and issue interview letter to the petitioner and other candidates and make any appointment only after interviewing all the candidates."

The learned Counsel for the petitioner has urged that the writ petition may be finally disposed of in term of the interim order dated 20.1.2000.

In view of the aforesaid facts the writ petition is finally disposed of in terms of the interim order dated 20.1.2000. The petitioner is directed to file a fresh representation to the respondents within 15 days after obtaining the certified copy of this order which shall be disposed of within a period of six weeks thereafter.

There will be no order as to costs.