KISHORI DUSADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ applications were heard together and are being disposed of at this stage.

(2.) The petitioners In this application haw prayed for quashing of order dated 29-6-1992 (Annexure-1 of C.W.J.C. No. 6291 of 1992) issued by the District Superintendent of Education, Patna, whereby the orders promotion granted to the petitioners have been cancelled.

(3.) The fact of the matter lies in a very narrow compass. Petitioners are Assistant Teachers. Pursuant to the recommendstions of 4th Pay Revision Committee, they were granted time bound promotions allegedly 941 post of Intermediate trained scale teachers and 674 posts of B. A. trained scale teachers were sanctioned. The District Superintendent of Education allegedly on the basis of the representations filed by different petitioners granted scales of pay admissible to the Intermediate trained teachers and Graduate trained teachers respectively by various orders. From a perusal of the said order, it appears that one Prem Shankar Srivastava, the then District Superintendent of Education passed the said orders without even placing the matter before the District Education Establishment Committee Thereafter by reason of an order dated 2nd October, 1991 the said orders of promotion were directed to be stayed. The aforementioned order dated 2nd October, 1991 (Annexure-7) was issusd as it was found that several teachers were not being granted their scale of pay were promoted on irregular basis. A writ petition was filed in this Court being C.W.J.C. No, 8186 of 1991 questioning the aforementioned order dated 2nd October, 1991. It appears that by the impugned order dated 29-6-1992, the District Education Establishment Committee directed cancellation of orders of promotion granted higher scales of pay to the petitioners by the said Sri Prem Shankar Srivastava, the then District Superintendent of Education and directed recovery of the excess amount received by them.