IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9161 of 2008 TRIPTI RAI, Wife of Sri Shambhu Kumar Thakur, resident of village- Habibhauar, Block-Benipur, P.S.-Bahera, District-Darbhanga. ...............Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Darbhanga. 3. The District Education Officer, Darbhanga. 4. The Sub-Divisional Officer, Sub-Divison, Benipur, District-Darbhanga. 5. The Block Development Officer, Block-Benipur, District-Darbhanga. 6. The Block Education Officer, Block-Benipur, District-Darbhanga. 7. The Panchayat Secretary-cum-Panchayat Sevak, Gram Panchayat Raj, Habhibhaur, P.S.-Bahera, District-Darbhanga. 8. The Mukhiya, Gram Panchayat Raj, Habibhauar, P.S.-Bahera, District- Darbhanga. ..................Respondents. ----------- 5/ 29.03.2010 Heard counsels for the petitioner, State and counsel representing respondent No. 7 i.e. the Panchayat Secretary- cum-Panchayat Sevak, Gram Panchayat Raj Habhibhaur. Respondent No. 8, Mukhiya, despite proper service of notice, has not entered appearance. Counter affidavits have been filed on the behalf of the State as well as respondent No. 7, i.e. Panchayat Secretary- cum Panchayat Sevak. Petitioner’s case is that in response to the vacancy advertised for the post of Panchayat Teacher, in Gram Panchayat Raj Habhibhaur, Block-Benipur, Darbhanga, she also applied for the post. The merit list was prepared and petitioner’s name was there in the list of selected candidates in reserved category. She was appointed and joined on 21.02.2007, in Primary Girls High School Habibhauar. Subsequently, she was sent for two months training at block headquarter Benipur. She - 2 - completed her training and rejoined on the post. One Chunni Kumari, who was selected for appointment against un-reserved category female post, later on submitted resignation and the petitioner, earlier appointed against reserved post, was issued another appointment letter on 30.11.2007, through which she was appointed against un-reserved category (female) post. The second appointment letter had been issued without cancelling the first appointment letter. Prayer of the petitioner is for a direction to the respondents to allow her to sign the attendance register, and continue on the post, since she is being restrained by the respondents. Further prayer is for a direction to make payment of her arrears of salary as well as current salary, as she is discharging her duties continuously on the post of Panchayat Teacher. Specific statement of the petitioner in the writ application is that at no point of time, any complaint had been made by anyone against her appointment either on issuance of 1st and 2nd appointment letter. Respondent No. 7 i.e. Panchayat Secretary, in his counter affidavit, has stated that initially petitioner was appointed against the reserved post but, subsequently, when Chunni Kumari has resigned, petitioner was re-appointed, vide order dated 30.11.2007, against un-reserved female category post, as the post was vacant and the petitioner’s name was in the panel of the selected candidates. Respondents 5 and 6 i.e. - 3 - Block Development Officer and Block Education Officer, Block- Benipur, in their counter affidavit have stated that petitioner is not entitled for any relief on account of her appointment through two appointment letters. Her first appointment letter issued on 21.02.2007 is said to be illegal. The issuance of second appointment letter against un-reserved (female) post has been denied, though, joining of petitioner is admitted. The statement is rejected being contradictory. If joining is accepted, then the selection and issuance of appointment letter could not have been denied. Admittedly, there is no other claimant of the post, held by the petitioner. Subsequent appointment letter had been issued by respondents according to the reservation roster, and for that petitioner could not have been penalised. There is no denial in the counter affidavit so far continuous discharge of duty by the petitioner is concerned. Accordingly, the respondents are directed to allow the petitioner to sign the attendance register and discharge her duties properly and peacefully. Respondents are further directed to make payment of arrears of salary to the petitioner with effect from the date the second appointment letter was issued in favour of the petitioner i.e. 30.11.2007. She cannot claim for salary the period 21.02.2007 to 30.11.2007. Petitioner is also entitled for current salary. The respondents are directed to make payment of arrears of salary with effect from 30.11.2007 till date. - 4 - Month to month current salary should also be paid to the petitioner. The arrears of salary must be paid within four weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)