IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1033 of 2007 (S/S) Smt. Janki Joshi Wo Sri Suresh Chandra Joshi Assistant Teacher, Primary School Maspati, District Pithoragarh. ….....Petitioner. Versus 1. State of Uttarakhand through Education Secretary, Dehradun. 2. Jila Basic Shiksha Adhikari Pithoragarh. ……….Respondents. Shri D.N. Sharma, learned counsel for the petitioner. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to release her salary from December 2005. 3. Brief facts of the case are that petitioner was Assistant Teacher in Malidungari, Primary School (District Pithoragarh). It appears that she made some representations to the Ministry on which Directorate of Education issued a letter directing that she may be accommodated with Primary Schools Bhatura, Maspati, or Ainchuli. However, before any orders could have been passed by District level authority, she appears to have joined her duties in Primary School, Maspati. It appears 2 that payment of salary was stopped to her and she joined her duties again at her original place of posting Malidungari on 28.09.2007. It is stated in the writ petition that the petitioner since December 2005, to September 2007, has not been paid salary when she worked in the Primary School Maspati. 4. Having heard learned counsel for the parties in the above circumstances, this writ petition is disposed of with the following direction:- The petitioner shall make a fresh representation to Additional District Education Officer (Basic), Pithoragarh, within a period of 15 days for release of her salary, who shall decide the same within a period of one month thereafter, keeping in view the fact that the petitioner has now joined back her duties at her original place of posting. (All pending applications also stand disposed of). (Prafulla C. Pant, J.) Dt. 29.08.2008 Sweta 3