Order The petitioner has filed the writ petition for direction on the Respondents to approve her service as an Assistant Teacher in Dwarika Prasad Gauri Charan Project Girls High School, Kalyanpur chowk, samastipur. 2. According to the petitioner, she was initially asked to perform the duties of Assistant Teacher of 5th April, 1983 by the then private Managing Committee of the School. Subsequently, she passed B.A. examination on 16th August, 1984. After passing such B.A. examination the then Managing Committee appointed the petitioner on regular basis as an Assistant Teacher by one order, contained in letter dated 5th October 1984 (Annexure-4). Subsequently, the Managing Committee also confirmed the appointment order on joining of the petitioner, on regular appointment, on 12th October, 1984. The school was taken over as Project school on 12th February, 1985. It is alleged that in terms with the State Government's letter No. 142 dated 4th February, 1989, though the Respondents should have recognised the services of the petitioner as an Assistant Teacher of the school, the case of the petitioner has not yet been considered for such recognition, whereas the case of Respondent No.4, Jyotsna Chatterjee was so considered. 3. A supplementary affidavit has been filed by the petitioner. It is stated that during the pendency of the writ petition, the Respondent-Director, Secondary Education has come out with one Memo No. 3226 dated 6th November, 1996. By the said order, while the services of two teachers have been recognised, with respect to three teachers, including the petitioner, it has been mentioned that the matter was still to be considered. So far as Respondent No. 4 Jyotsna Chatterjee is concerned, her case has been rejected by the said order. 4. The counsel for the petitioner states that in view of the latest order dated 6th November, 1996, the Respondents should consider the case of the petitioner for approval of her service. 5. The counsel appearing on behalf of Respondent No.4, Jyotsna Chatterjee states that the Respondent No. 4 has already challenged the order dated 6th November, 1996 before this Court in C.W.J.C. No. 12222/96. According to him, the order dated 6th November, 1996 has been illegally issued by the Respondents on the basis of manipulated documents. 6. Though the writ petition was filed on 14th March, 1996 after serving copy on the counsel for the State, no counter affidavit has been filed by them.
According to him, the order dated 6th November, 1996 has been illegally issued by the Respondents on the basis of manipulated documents. 6. Though the writ petition was filed on 14th March, 1996 after serving copy on the counsel for the State, no counter affidavit has been filed by them. The' counsel for the State is also not in a position to assist the Court. 7. Having heard the parties, according to this Court, it is not necessary to go into the facts as to whether the order contained in Memo No. 3226 dated 6th November, 1996 (Original order dated 2nd September, 1996), is good or bad. The legality of the said order can be looked into in the writ petition filed by Respondent No. 4. 8. Admittedly the name of the petitioner has been shown to be a teacher who was teaching at that relevant point of time when the school was taken over. However, no positive decision has been taken by the Respondents with respect to the petitioner in one or other way. 9. Accordingly, the Respondent-Special Director, Secondary Education is directed to decide the claim of the petitioner relating to her approval of service, taking into note the eligibility and qualification of the petitioner as on the date of take over of the school. On such consideration, a reasoned order is to be passed by the Respondent-Special Director, Secondary Education within a period of four months from the date of receipt/production of a copy of this order. If the order goes in favour of the petitioner, it is needless to say, that she will be entitled for consequential benefit of the same, including the arrears of salary. 10. The petitioner may file a representation along with a copy of this order giving therein all the details relating to her appointment, qualification etc. 11. The writ petition stands disposed of with the aforementioned observations and directions.