MD MASOOD AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the issues involved in both these writ applications are identical, they are disposed of by this common order. Heard counsel for the parties and with their consent, this application is disposed of at the stage of Admission.

(2.) Challenge in this writ application is to the decision taken by the concerned authorities of the respondents to recover the amounts of the purported excess payments received by the petitioners, by way of equal monthly installments from their salary.

(3.) The petitioners were employed as Teachers/Principals of the Government Schools. The salary was paid at par with the Central Pay-Scales, in accordance with the Fundamental Rule 22(C) of the Central Government, which was adopted by the State of Bihar. By a subsequent Circular issued by the Central Government, the provisions of Rule 22(C) was withdrawn and instead, a new Rule, vide Rule 22(i)A and 22(i)A(ii) was inserted and the payment of salary was made applicable in accordance with the newly inserted Rules. After the adoption of the newly inserted Rules, the respondent-State Government had wanted to recover the salary which was paid to the teachers in excess, under the earlier Rule 22(C) of the Fundamental Rules, from their salary.