MOBARAK HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant challenges the judgment of the Division Bench of the High Court of Patna at Ranchi. The appellant herein was appointed as a untrained intermediate teacher on 5-12-1960 and was drawing the scale of pay of untrained intermediate teacher. The appellant became graduate in 1967 and was granted graduate untrained teacher scale and was transferred as assistant teacher in a school at Hazaribagh district. Government of Bihar accepted the Kothari Education commission Report dated 1-4-1968 and revised the pay scales of teachers. Consequent on implementation of the Kothari Education Commission Report the appellant was given benefit of enhanced pay scale of a graduate trained teacher in 1990 with retrospective effect from 22-12-1971. Later, the authorities felt that the appellant was not entitled to get this benefit as he was not posted as a Headmaster in a school and as he was not entitled to get pay scale of graduate trained teacher and the amount already disbursed to the appellant was sought to be recovered from him. Aggrieved by these proceedings, appellant preferred writ petition before the High Court. The learned single Judge was pleased to dismiss the writ petition and against that the appellant filed L. P. A. and the Division Bench of the High Court dismissed his appeal. Hence, this appeal by special leave.

(2.) We heard learned counsel for the appellant and counsel for the respondent- State.

(3.) The appellant contended that when the Kothari Commission Report was accepted by the Government, it was decided that untrained teacher when get himself trained he would be entitled to scale of pay meant for trained teacher and his pay would be fixed in the new scale and clause 6 of the proceedings issued by the education Department on 24-5-1966 makes this position clear. Therefore it was contended by the appellant counsel that the appellant was rightly given the higher scale of pay from 22-12-1971 and the steps taken by the Government to recover the alleged excess payment is illegal.