BIJAY BASANTA OSTAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The four connected writ petitions are decided by a common judgment, as similar issues are involved in all these cases and common submissions were made by the parties. Counter and rejoinder affidavits have been exchanged and as agreed between the respective counsel, the writ petitions are finally decided on merits at the stage of admission itself. Shri Sudarshan Srivastava, Advocate, on behalf of the petitioners submits that the petitioners are validly appointed Teachers in the Matric Trained Scale of Rs. 230-340/- in the year 1976-77. After completion of 10, years of their service, the petitioners were granted first time bound promotion after completion of the requisite period from their respective date of appointment. Pay was fixed at Rs. 785/- in the senior Scale of Rs. 680-965/- after putting in 12 years of successful service, and the payments were made on that basis. Thus, the petitioners were accorded benefit of promotion for the purpose of fixation of their pay in the Revised scale as per Clause 13(iii) of Finance Department Resolution No. 6022 dated 18.12.1989 (Annexure- A to the counter affidavit) and accordingly the pay was fixed at Rs. 1520/- (corresponding to unrevised pay of Rs. 785/-) in the Scale of Rs. 1400-2600/- (corresponding to unrevised Scale of Rs. 680- 965/-) after according benefit of promotion.

(2.) Further submission is that subsequently, the petitioners were granted revised pay scale of Rs. 580-860/- in 1981-82 which was further revised by IVth Pay Revision Commission to Rs. 1200- 2040/-. Similarly, the Senior Selection Scale of Rs. 680-965/- to Rs. 1400-2600/- with effect from 1.01.1986 was allowed. This was further revised by Vth Pay Revision Commission to the Scale of Rs. 5000-8000/- from 1.01.1996 and by VIth Pay Revision Commission, it was again revised to the Scale of Rs. 9300-34800/- with effect from 1.01.2006. Later, the Director Primary Education issued a general direction to all the Drawing & Disbursing Officers to take steps for recovery of the amount from those teachers who were appointed between 1976-77. This order was passed on the ground that the pay fixation was done in violation of Finance Resolution No. 6022 dated 18.12.1989 and Government of India Basic Rules 22(A).

(3.) The petitioners challenged the order in a number of writ petitions. This Court held that as the petitioners have completed 12 years of service, they are entitled to the Senior Scale of Rs. 1400-2600/- and it was also held that if the petitioners have been given senior selection grade scale after completion of 12 years of services then there would be no reason why action for recovery of excess amount shall be taken by the respondents. The Director, Primary Education, Government of Jharkhand was directed to reconsider the grievance of the petitioners and to take a decision within a stipulated time. The judgment is annexed as Annexure-1 to the writ petition.