LAWS(PAT)-2005-1-61

SANJAY KUMAR SINGH Vs. STATE

Decided On January 12, 2005
SANJAY KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for quashing the order by which the salary of the petitioners has been directed to be stopped, metric trained scale granted has been directed to be rescinded and payment made on account thereof has been sought to be recovered on the ground that they had passed the B.Ed. examination from Millia Fakhruddin Ali Ahmad B.Ed. Teachers Training College, Rambagh, Purnea, hereinafter referred to as 'the College' the recognition whereof has been withdrawn from retrospective effect.

(2.) SHORT facts giving rise to the present application are that the petitioners were appointed as Assistant Teachers taking into account the fact that they had passed B.Ed. examination from the College in question. It is not in dispute that at the time the petitioners passed the B.Ed. examination, the said College was duly recognised. Later-on, the recognition of the said College had been withdrawn and taking note of the said fact, by the impugned order, a direction has been issued to stop the salary of the petitioners.

(3.) AS the impugned order has been passed only on the ground that the College from which the petitioners had passed the B.Ed. examination has been derecognised with retrospective effect, the impugned order directing for stoppage of salary and rescinding the grant of Matric Trained Scale and consequential order for recovery of the amount cannot be allowed to stand.