SANJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioners in these cases are Instructors of vocational courses in +2 schools in the State of Jharkhand. For better appreciation, though the facts are common in all these writ petitions and also not disputed by the counsel appearing on behalf of the respondents, the facts of the W.P.(S) No. 2696 of 2009 are being noticed hereinbelow.

(2.) According to the petitioners, an Advertisement was issued in the year 1991, which is Annexure-10 to the present writ petition for appointment of Instructors in vocational course in +2 Schools under the then State of Bihar. The said Advertisement was issued by the Vidyalaya Seva Board, Bihar, Patna against vacancies in different trades indicated in the said Advertisement for appointment of Instructors in +2 Schools. It is categorical contention of these petitioners that they possessed criteria specified by the Central Government under the scheme of Vocational Technical Education i.e. these petitioners were having Post Graduate Degree in such vocational subjects like Agriculture, Business and Commerce, Home Science, Humanities and others in which subjects they were seeking appointments. It is contention of the learned counsel appearing on behalf of the petitioners that minimum qualifications for appointment to the post of Instructors have also been prescribed and have been reflected at Annexure-4/A to the writ petition. These petitioners, after their appointment, joined in various +2 schools as Instructors. Certificates of the petitioners in W.P.(S) No. 2696 of 2009 are enclosed as Annexure-1 series stating that they were having Post Graduate Qualification and qualification of individual petitioners has also been disclosed at para-4 to the writ petition. Similar stand is also taken in the other writ petitions as well. According to these petitioners, in the 4th Pay Revision after their appointment, they were placed in the scale of Rs. 1,500-2,750/-. Under the 5th Pay Revision, they were placed in the revised scale of Rs. 5,000-8,000/- with Grade Pay of Rs. 4,800/-. Their individual pay fixation was done in terms of the decision of State Government by the Controlling Authority by placing them in the respective pay scale of Rs. 5,000-8,000/- with Grade Pay of Rs. 4,800/-. However, subsequently vide Annexure-6, dated 18.4.2009 issued by the Secretary, Finance Department, Government of Jharkhand addressed to the Principal Secretary, Human Resources Development Department and also Welfare Department, Government of Jharkhand, Ranchi, it was indicated that appropriate regulations/rules be framed in the matter of appointment/promotion and other service condition of teachers under the State Government in line with those under the Central Government. This is also necessary in view of the Central Pay Structure/revision being implemented for such State Government employees. It was also indicated that under the Resolution No. 660 dated 28.2.2009 under Schedule-III the Scale of pay of 10+2 Schools Instructors was placed in the Scale of Rs. 4,800/-. However, untrained Lecturers/Instructors are entitled to Grade Pay of Rs. 4,200/-. Therefore, request was made to undertake an exercise in respect of verification of revised pay scale granted to individual incumbent i.e. the Instructors and to recover the excess Grade Pay.

(3.) Learned counsel for the petitioners' has drawn attention of this Court to the said Gazette Notification dated 28.2.2009 where at serial No. 298, scale of Instructors has been indicated, the same is quoted hereinbelow:--