DAYA NAND PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the objection raised by the District Accounts Officer, Patna on 22.12.2010 (Annexure-12) whereby it has been pointed out that verification of pay fixation of the petitioner as on 01.01.1986 and 01.01.1996 was incorrectly done. The petitioner by way of amendment application vide I.A. No. 1575 of 2012 has also sought for quashing of consequential order as contained in Letter No. 180 dated 15.12.2011 issued by the Drawing and Disbursing Officer-cum-Head Master, Middle School, Lalkhothi, Danapur, Patna whereby the In-charge, Head Master has been directed to recover/adjust the excess amount paid to the petitioner.

(2.) I.A. No. 1575 of 2012 is allowed and the petitioner is permitted to challenge the validity of the letter dated 05.12.2011 brought on record by way of Annexuere-17 to the said amendment application. The averments made in I.A. No. 1575 of 2012 have been treated to be averments made in the writ application.

(3.) It is the petitioner's case that he, alongwith other teachers was appointed as Assistant Teacher in different primary schools vide order dated 15.10.1982 in Matric Untrained Scale of Rs. 535-765/- with effect from 28.04.1982. Subsequently, the petitioner and two other teachers, namely, Bhim Shankar Singh and Birendra Prasad were granted I.Sc. Untrained Scale of Rs. 680 to 965/- with effect from 28.04.1982 vide letters dated 28.03.1984 and 07.05.1984 issued by the District Superintendent of Education, Patna on the basis that their qualification was "B.Sc. Part-I Untrained" and since then, they were getting their salary in the said scale. Subsequently, vide Finance Department Resolution No. 6022 dated 18.12.1989, Matric Trained, Intermediate Untrained and Bachelor Untrained teachers were granted revised scale of Rs. 1200-2040/- with effect from 01.01.1986 and accordingly the petitioner was given such scale with effect from 01.01.1986. It is further claim of the petitioner that as per the said Resolution dated 18.12.1989, Intermediate Trained and Untrained/Bachelor Untrained teachers were granted three increments on the pay fixed in revised scale with effect from 01.01.1986. The petitioner's pay was accordingly revised by the District Superintendent of Education, Patna on 12.06.1991 (Annexure-5) in the scale of Rs. 1200 to 2040/- with three increments. Thereafter, vide Government Resolution No. 660 dated 08.02.1999, pay scale of the State Government employees were revised with effect from 01.01.1996. The petitioner was granted scale of Rs. 4500-7000/- accordingly. His pay fixation was done by the District Superintendent of Education (hereinafter as referred to as the "D.S.E." Patna and he was accordingly getting his salary with no impediment till February, 2005.