D.B.CIVIL SPECIAL APPEAL NO. 612/2008 State of Rajasthan v. Gandhi Girls Sr. Secondary School, Sujangarh Date of order : 04.09.2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE ARVIND MOHANLAL KAPADIA . . Mr. B.L.Bhati, Dy. Govt. Advocate Mr. B.L.Maheshwari for the respondent Heard Mr. B.L.Bhati, learned counsel for the State appellant and Mr. B.L.Maheshwari, learned counsel appearing on behalf of the contesting respondent. This intra court appeal is directed against order dated 24.10.2007 passed by a learned Single Judge of this Court in his writ jurisdiction allowing the writ application. The writ petitioner respondent was appointed as music teacher in Gandhi Girls Senior Secondary School, Sujangarh, District Churu. Since she was not being paid her proper salary, approached this Court in writ jurisdiction inter alia on the ground that the post of music teacher was sanctioned one and she was appointed in the institution by a committee comprising of several members, one of them being the government representative. The learned Single Judge of this Court on the basis of pleadings of the parties and appreciation of facts held that the writ petitioner was appointed on sanctioned post and she was entitled to get grant in aid. It is submitted by learned counsel for the State that the post as such was not sanctioned. On the contrary, learned counsel for the contesting respondent submitted that the post of music teacher was - 2 - sanctioned from before and two of the predecessors of the writ petitioner had already enjoyed the grant in aid, but at no point of time any objection was raised by the State authorities. The selection of the writ petitioner respondent was made on recommendation of the Committee against the sanctioned post and therefore, there was no occasion for the State authorities to deny this benefit to the writ petitioner, as in law the institution was entitled to receive such grant in aid in respect of the said post of music teacher from the date of the appointment in the year 1992. No cogent ground was put forth by the State in the writ application showing that the post of music teacher was not sanctioned. In the given facts and circumstances of the case, therefore, the finding arrived at by the learned Single Judge of this Court, in our view, cannot be faulted either in law or on facts. This appeal accordingly is dismissed. (ARVIND MOHANLAL KAPADIA), J. (NARAYAN ROY), C.J Mathur/