JUDGMENT :

Sujit Narayan Prasad, J.

1. It appears from the order dated 09.12.2019 that the instant appeal along with L.P.A. No. 178 of 2018 and L.P.A. No. 365 of 2018 have been directed to be heard together.

2. This Court, on perusal of the impugned order has found that the issue involved in the instant case is regarding the eligibility of the respondent while in L.P.A. No. 178 of 2018 and L.P.A. No. 365 of 2018, the issue involved in regarding the applicability of the reservation policy in the minority institution.

3. Therefore, this Court is of the view that the prayer/relief sought for in L.P.A. No. 178 of 2018 and L.P.A. No. 365 of 2018 are similar and hence, the instant appeal is to be separated from the aforesaid two appeals, i.e. L.P.A. No. 178 of 2018 and L.P.A. No. 365 of 2018.

4. Accordingly, the instant appeal is separated from L.P.A. No. 178 of 2018 and L.P.A. No. 365 of 2018 and is being heard separately.

I.A. No. 4313 of 2018:

5. This interlocutory application has been filed for condoning the delay of 46 days, which has occurred in preferring this appeal.

6. Mr. Mithilesh Singh, learned GA-IV appearing for the State of Jharkhand has submitted that the delay of 46 days in preferring the instant appeal may be condoned.

7. Mrs. M.M. Pal, learned senior counsel appearing for the respondent-writ petitioner has not objected to such prayer of the learned counsel for the appellants rather she has submitted that the delay be condoned so that the issue be decided on merit.

8. This Court, considering the reason assigned therein and having no opposition on behalf of the respondent-writ petitioner, is of the view that the delay of 46 days in preferring the instant appeal is required to be condoned.

9. Accordingly, this interlocutory application is allowed and the delay of 46 days in preferring this appeal, is hereby condoned.

L.P.A. No. 248 of 2018:

10. The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dated 22.02.2018 passed in W.P. (S) No. 2156 of 2016, whereby and whereunder, the writ petition has been allowed by quashing the order dated 12.12.2014 and the respondents have been directed to release all the consequential benefits to the petitioner within a period of eight weeks from the date of receipt/production of a copy of the order.

11. The facts of the case which requires to be enumerated herein, read as under:

Pursuant to an advertisement published in local daily on 03.05.2011 inviting application for appointment to the post of Assistant Teacher against the sanctioned and vacant post, petitioner being M.A., B.Ed. from Guru Ghasi Das University, Bilaspur, Chhatisgarh applied for her appointment. After scrutiny of forms and interview, petitioner was declared successful and was offered letter of appointment for the appointment as an Assistant Teacher in the said Minority School vide Memo No. 13/11, dated 19.06.2011 Thereafter, she gave her joining on 22.06.2011 in the initial pay scale of Rs.9,300-34,800 and since then she is working and discharging her duty to the satisfaction of the superiors. The appointment of the petitioner has been made in pursuance of the recommendation of the Regional Education Officer, Chakradharpur and School Managing Committee, Urdu Town Middle School, Chakradharpur vide their proceeding dated 16.06.2011 and the said fact was duly intimated to the District Superintendent of Education, West Singhbhum at Chaibasa by the Secretary of the said School. Said appointment has been duly approved by the District Superintendent of Education, West Singhbhum, Chaibasa vide his memo no. 907, dated 07.05.2012. Petitioner, thereafter, approached before the Directorate of Human Resource Development for fixation of her salary. However, it was informed to her that due to non-approval by the Directorate, no order of fixation of pay scale of the petitioner has been passed and, therefore, petitioner is not receiving her salary even after her appointment against the vacant and sanctione