RANCHI, India, Dec. 11 -- Jharkhand High Court issued the following order on Nov. 11:

1. Heard the parties.

2. By filing this petition, the petitioner has prayed for mandamus directing the respondents to release the arrears of salary along with penal interest to the petitioner, as she has served as Assistant Teacher at Amal Sangha Pathsala, Sidgora, from the year 2002 to 2010.

3. It is the case of the petitioner that an advertisement was floated by the said minority Government aided school seeking application to fill up the post of Assistant Teacher.

4. It is the case of the petitioner that she appeared and got selected by the Governing Body/Managing Committee of the School. The petitioner started working from the year 2002 but her appointment was not approved by the State.

5. Since the appointment of the petitioner was not approved by the State, ultimately in the year 2010, the petitioner was removed from service.

6. It is also the case of the petitioner that the petitioner was not paid salary from the year 2002 to 2010. The petitioner ultimately attained the age of superannuation sometime in the year 2024.

7. Admittedly, the appointment of the petitioner was not approved by the State, which in fact is a mandate. The State had only approved the appointment of two teachers, namely, Aparna Dutta and Deepali Dey considering the teachers-students ratio.

8. Since the appointment of the petitioner was not approved by the State, the State cannot be burdened with the liability to pay the salary of the petitioner. If at all the petitioner has worked at any point of time in the said School, in absence of the approval of her appointment by the State, it would be the School Management, who is responsible to pay any dues to the petitioner.

9. Further, this Court cannot direct the School Management, who is not the State under Article 12 of the Constitution to pay the dues of the petitioner. The petitioner should approach the appropriate forum claiming the same, if the said amount has not been paid to her.

10. Thus, no relief is granted to the petitioner in this writ petition. Accordingly, this writ petition is dismissed.

Disclaimer: Curated by HT Syndication.