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1979 DIGILAW 134 (PAT)

Urmila Devi v. State Of Bihar

1979-05-18

VISHWANATH MISHRA

body1979
Judgment Vishwanth Mishra, J. 1. This is an Application under Articles 226 and 227 of the Constitution of India for issuing a Writ of Mandamus against Respondents 1 and directing them to pass necessary orders of posting of the petitioner and payment of salary to her. 2. The petitioner is confirmed Assistant teacher and was transferred as such to Government Girls High School, Arrah, in the year 1977. Later it transpired that the post against which she had been transferred was temporary one and the sanction expired on 28.2.1978. The petitioner, therefore, has not been getting her salary for the subsequent months. Her prayer to the Department bore no fruits and hence this Writ Petition. 3. No counter-affidavit has been filed by the State. Learned Counsel for the state has not been able to show any reason why the petitioner should be debarred from a proper posting and from her salary when she is a confirmed teacher. 4. In the result, the application is allowed and the kespondents 1 and 2 are hereby directed to regularise her posting and make payments of all her arrear dues within one month from the date of receipt of the order. Issue of writ of mandamus accordingly. The Parties shall bear their own costs. 5. Let a copy of the order be sent to Respondents 1 and 2 immediately. Petition allowed.