PER ABDUL QADIR PARRAY, JUDQE

1. Through the medium of this petition the petitioner, who seems to have been engaged as teacher vide Order No. ENG/ C/Appt-Adhoc/89/105 dated 10th October, 89 without break in the grade of 900-1830 by the District Education Officer, Poonch and seems to have joined the assignment on 12.10.1989 has prayed for issuance of a writ of Mandamus directing the respondents to comply with the directions of High Court of J&K passed in judgment dated 13.8.1990 in SWP No. 369/90 and also to pay to the petitioner her pay dues as a teacher for the duty performed w.e.f. 12.10.1989 up to date and so long as the petitioner continues to perform her duties as a teacher.

2. It is averred by the petitioner that at the time of her appointment she was asked to report to Tehsil Education Officer Surankot i.e. respondent No. 7 for duties. It was further directed that respondent No. 5 i.e. Block Education Officer Bufliaz will draw the pay dues on receipt of monthly attendance from the office of Tehsil Education Officer Surankot.

3. It is further averred by the petitioner that at the stage she apprehended that her services may be terminated otherwise than in accordance with law to accommodate other persons to the detriment of the petitioner. The petitioner was constrained to file writ petition No. 369/90 in which a temporary direction was issued by the court on 19.5.1990 directing the respondents that in case the petitioner was continuing as a teacher and if the final selection had not been made by the Selection Board, she shall not be disturbed. The writ seems to have been finally disposed of in the light of judgments which was passed in like matters by the other bench of this court way back on 27th June, 90 and writ petition No. 369 of 1990 also from the records seems to have been disposed of on 13th August, 90. The operative part of the judgment/ disposal of the writ petition speaks.

"Identical writ petitions have already been disposed of vide order of this court, passed on June 27, 1990. This petition is also disposed of at this stage as settled on the analogy of the order already passed in similar petitions.

The petitioners were appointed as teacher/ junior assistants on adhoc basis in Poonch district subject to final selection to be made by the Recruitment Board. As agreed to by the learned counsel for the parties the petitioners shall continue in service till final selection is made by the competent authority which while making such selections shall allow the petitioners to participate in the selections of eligible under rules and also while making selection the competent authority shall consider various government orders earlier and the pronouncement of the Honble Supreme Court".

4. It seems that after this order was passed and the petition was disposed of, so far no selection as agreed by the respondents has been made by the Selection Board and the petitioner is performing her duties as teacher. It is admitted case on the basis of a certificate issued, forming Annexure PB to the petition, whereby it is clearly proved that the salary has not been paid to the petitioner who is working as a teacher without payment of her salary and she is being made to run from pillar to post She being a poor lady and the dilly daily tactics followed by the respondents has constrained her to approach the court asking for her pay dues which have accrued to her right from 10th October, 89 till date while performing her duties. The respondents have appointed the petitioner but have not made the payment of pay dues which have accrued to her.

5. In nutshell the petitioner has made the prayer that by allowing this writ petition, the respondents be directed by a writ of mandamus to strictly comply the order of this court passed in writ petition No. 369/ 90 dated 19th May, 90 and order dated 13th August, 90 quoted hereinabove.

6. It is further prayed by the petitioner that a writ of prohibition may kindly be issued restraining the respondents

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