MD. ABDUL WAHAB Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The case of the petitioner is that he was appointed as Assistant Teacher on Matric untrained scale in the year 1970 and he was posted in Lower Primary School in village Rangdanga in the District of Dumka now Pakur. Subsequently, in the year 1982, he was given I.A. Trained scale and then he got B.A. Trained scale in the year 1987. He was promoted to the post of head Master and was posted in the Middle School, Ganpura, within the block of Pakuria under Pakur District. He was granted the scale of Head Master w.e.f. 01/04/1996. In fact the petitioner got the scale of Head Master from the date he joined on the post in the year 1997.

(3.) The grievance of the petitioner is that all of a sudden by issue of a letter No. 1579 dated 24/12/2002, the District Superintendent of Education, Pakur, directed all the drawing and disbursing officer of the Block under Pakur District for recovery of the excess amount paid to those teachers/head masters towards the salary as Head Master on the basis of the audit report as well as the letter of the Accountant General on the ground that they were wrongly given the pay scale of Head Masters. It is alleged that the District Superintendent of Education, Pakur by his letter dated 28/03/2003 issued direction to comply the order already issued by him on 24/12/2002. On the basis of the aforesaid letters of the District Superintendent of Education, Pakur the petitioner's salary was withheld and the authorities concerned were going to recover the amount already paid to the petitioner alleged to be paid to him in excess on the ground that the promotion given to the petitioner to the post of Head Master was not legal and valid.