BIBHUTI SAH BHUSHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application petitioners prayed for quashing of Annnexures-11 and 13 whereby, pay of petitioners fixed in the scale of Rs. 680-965 ( Graduate untrained scale) have been cancelled and fixed in the scale of Rs. 4500-7000/- . Petitioners further prayed for quashing of Annexure-14 whereby respondent no.7 directed all Drawing and Disbursing Authorities to recover excess payment made to the petitioners in the pay scale of Rs. 680-965/- Fact of the case, in brief, is that in the year 1981 an advertisement issued for appointment of science teachers in I.Sc. and B.Sc. untrained scale. It is stated that in pursuance of said advertisement, petitioners applied and appeared in the interview. Thereafter, petitioners were appointed by the competent authority in the pay scale of Rs. 535-765/- . It is stated that petitioners and other similarly situated teachers made representation for giving them B.Sc. un-trained scale i.e. pay scale of Rs. 680-965/- . It is stated that when aforesaid demand of the petitioners and others not fulfilled some of them filed writ petition in the Patna High Court vide C.W.J.C.No. 5144/1984. Said writ application allowed and respondents were directed to consider their case. It is stated that another writ application i.e. C.W.J.C.No. 905/1983 the Patna High Court issued direction to the respondents to decide the issue within a stipulated time. It is further stated that in pursuance of aforesaid direction of Hon'ble Patna High Court, Director Primary Education, Bihar Patna vide order dated 28.11.90( Annexure-5) concluded that B.Sc. untrained teachers are entitled to get pay in the scale of Rs. 680-965/- It is stated that petitioner no.1 alongwith others had filed writ application bearing C.W.J.C.No. 2788/1992, which was disposed of by the Patna High Court vide order dated 16/05/1997( Annexure-6) and directed that petitioners be given pay scale of Rs. 680-965/- , if similarly placed teachers working in the district of Godda and Dumka are getting aforesaid scale. It appears that in pursuance of aforesaid direction of Hon'ble Patna High Court respondents fixed pay of the petitioners in the scale of Rs. 680-965/- with effect from 1997. It is stated that thereafter, petitioners were drawing their salary in the pay scale of Rs. 680-965/- It is stated that respondent no.4 vide Annexure-10 directed respondent no.6 to prepare seniority list of teachers who were in the pay scale of Rs. 680-965/- but before doing so ascertain whether they were legally appointed or not. It is stated that respondent no.6 in garb of Annexure-10, arbitrarily cancelled pay fixation of petitioners in the scale of Rs. 680-965/- and directed all the Drawing and Disbursing Authorities to pay them salary at the rate of Rs. 4500/- till fixations of their pay by competent authority. It then appears that respondent no.6 finally vide Annexure-13 cancelled fixation of pay of petitioners in the scale of Rs. 680-965/- and re-fixed in the scale of Rs. 4500-7000/- . It appears that by issuance of Annexure-14 all the Drawing and Disbursing Authority were directed to recover excess amount drawn by the petitioners in the pay scale of Rs. 680-965/- .

(2.) A counter affidavit filed by respondents wherein it is stated that petitioners were initially appointed against the post of Matric trained teacher, thus, they are entitled to get pay scale of Rs. 535-765/- . It is stated that judgment of the Patna High Court is not applicable in the case of petitioners. It is further stated that since petitioners illegally drawing salary in higher pay scale, therefore, same has been rightly cancelled by the then District Superintendent of Education Sahebganj.

(3.) It is submitted by Sri R.Krishna, Learned Counsel for the petitioners that admittedly petitioners were drawing salary in the pay scale of Rs. 680-965/- . Thus, it is incumbent for the respondents to give notice and opportunity of hearing to the petitioners before canceling the same. It is stated in the writ application that before issuance of impugned order, respondents have not issued any notice to the petitioners and, therefore, impugned orders are violative of principles of natural Justice. It is also submitted that order of recovery as contained in Annexure-14 is arbitrary thus violative of Article 14 and 16 of the Constitution of India.