SACHINDRA NATH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition has been preferred by petitioners for direction on the respondents to pay them salary taking into consideration the annual increments earlier granted and L.P.C. as contained in Annexure 12 series and to quash the order dated 18.10.2000 issued by Deputy Commissioner, Pakur whereby he was ordered that the petitioners shall get their initial salary of the scale of pay without any increment thereon.

(2.) THE case of petitioner is that they were appointed as Asstt. Teachers in the year 1982 -83 but it was subsequently cancelled. The petitioners and other similarly situated teachers challenged the termination order in the Honble Fatna High Court in C.W.J.C. Nos. 99/1985 and 405/1985 etc. In pursuance of interim order passed by the Honble Patna High Court on 21.1.1985, 5.2.1985 and other dates, the termination orders were not given effect and petitioners continued to function as Asstt. Teachers without any break. Some of the petitioners, who were untrained, were also sent for training by the State at their cost between 12.5.1991 and 5.2.1994.

(3.) ACCORDING to petitioners, after the decision of the Supreme Court, they have been selected afresh and provided with appointment order vide Memo No. 440 dated 4.4.2000. It is stated that while there was no Education Officer for the district of Pakur and work used to be performed by the District Superintendent of Education, Sahibganj, the similar situated persons were appointed vide Memo No. 9619 dated 26.12.1995, Memo No. 987 dated 11.1.1997 and Memo No. 5938 -6000 dated 15.7.1997. In their case, the terms and conditions were reflected in the order of reappointment as per the order of the Supreme Court and their pay was fixed on the basis of last pay certificate. In the cases of petitioners, while order of reinstatement was issued on 4.4.2000, at Clause 8, the terms of pay fixation was shown as per the order of the Supreme Court but in spite of the same, the pay of the petitioners has not been fixed taking into consideration the last pay certificate.