ASHOK KUMAR ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. These petitioners are aggrieved by part of the common impugned order (Annexure-10) in all these respective writ petitions contained in different Memo Nos. dated 19th March, 2009, issued under the signature of Deputy Development Commissioner, Deoghar-cum-Member District Education Establishment Committee, Deoghar as also under the signature of District Superintendent of Education, Deoghar. By the impugned order, the petitioners, on the one hand, were promoted to the post of Headmasters i.e. Grade-VII of Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993 (hereinafter referred to as the Rules of 1993) from the effective dates of their joining. However, by part of the same order, the dates of grant of B.Sc. Untrained Scale i.e. 1st September, 1982, has been cancelled and they have been treated to be in the Metric Untrained Scale from the date of their appointment. Similarly, the dates of grant of B.Sc. Trained Scale in each individual petitioners' case upon acquisition of such Teachers' Training Qualification has been cancelled and has been reckoned 8 years from the date, of acquisition of such qualification in each individual cases. By canceling the aforesaid grant of B.Sc. Untrained Scale and B.Sc. Trained Scale from the said dates and making it effective from a subsequent date, the respondents authorities have directed for recovery of the amount paid in excess on account of such pay fixation done in individual cases of each of these petitioners at the relevant point of time. The petitioners obviously are aggrieved by this part of the order.

(2.) The necessary relevant details of appointments of these petitioners in respective writ petitions, the dates of completion of B.Ed. Teachers' Training Course in individual cases, the respective dates of orders by which they were granted B.Sc. Trained Scale from the dates of acquisition of such teachers training qualification are being furnished hereunder in the form of tabular chart for better appreciation.

(3.) According to the learned senior counsel for the petitioners, the impugned orders primarily are being challenged on two specific grounds:--