TAHERA SHABNAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners are aggrieved by the office order dated 22.12.2011 (Annexure-9 & 9/1), whereby the petitioners' pay scale has been reduced to Rs. 1200-2040/- on the ground that they acquired qualification of training after 31.12.1985. They are also aggrieved by withholding of their salary since October, 2011. The petitioners' case is that under the UNICEF plan, Science Teachers were to be appointed in Primary Schools to be called as 'Additional Science Teachers': Accordingly, 2300 units of Science Teachers were created in Non-Scheduled area by letter dated 20.02.1981 and 700 units of Science Teachers were created in Scheduled area. The untrained science teachers were also to be appointed with condition that they will have to take in service training after their appointment, failing which their services would be terminated. Those teachers will be entitled to get pay scale of a trained teachers with effect from the date of completing training and getting the certificate. The petitioners along with others were appointed as Science Teachers. Their remuneration was fixed on a stipend basis. For Graduate Untrained Teachers, the stipend was fixed at the scale of Rs. 680-965/- and for Graduate Trained Teachers, at Rs. 850-1360/-. The petitioners were I.Sc. and appointed on the scale of Rs. 535-765/- as a Urdu Science Teacher (Women). They passed B.Sc. Examination and were allowed Graduate Science Untrained Teachers' Scale of Rs. 680-965/-. They were sent for the service training by the respondents. They successfully completed the training while in service. On acquiring the qualification of training, the petitioners were allowed B.Sc. Teachers' Scale of Rs. 730-1080/-. After completion of training, the petitioners became eligible for getting graduate trained scale of pay. For that purpose, a seniority list was prepared by the District Superintendent of Education, Singhbhum showing the names entitled to get scale of Rs. 1640-2900/- w.e.f. 01.07.1992. Accordingly, orders were issued to that effect. Their pay fixation was approved by the competent authority of the department. Subsequently, the recommendation of V Pay Revision was adopted by the State Government. The pay scales were revised. The pay scale of Rs. 1640-2900/- was replaced by Rs. 5500-9000/-. The petitioners' pay was fixed in the said revised scale w.e.f. 1.1.1996.

(2.) All of a sudden, petitioners were served notice dated 13.12.2011 to show cause as to why the Graduate Teachers' Scale of Rs. 1640-2900/- be not cancelled. In the meantime, the State Government adopted the recommendation of VI Pay Revision and the petitioners' pay was revised and their pay scale was replaced by Rs. 9300-34800/- in Pay Band (PB-II). The said fixation of pay was approved by the District Accounts Officer, East Singhbhum. The petitioners and others filed representations. The representations were placed before the District Education Establishment Committee in the meeting held on 14.05.2010. The said Committee decided to constitute a Screening Committee. The Screening Committee recommended for canceling the trained graduate scale of such candidates, who acquired training after 31.12.1985. The District Education Establishment Committee accepted the said recommendation in its meeting dated 17.11.2011. The respondent no. 5 on the basis of the said resolution directed the Headmasters of the Schools to implement the said order and to fix pay scale in the light of the order dated 22.12.2011 (Annexure-9 & 9/1) and to call upon the teachers to submit their service books before such entry. In view of the said order, the petitioners were not paid their salary since October, 2011.

(3.) The said order dated 22.12.2011 (Annexure-9 & 9/1) has been assailed by the petitioners on the ground that the same has been passed without taking into consideration that the petitioners were already trained and their pay scale was fixed by the competent authority. According to their qualification, the petitioners have acquired in service training and are entitled to get trained graduate pay scale from the date of acquisition of the training certificate. The impugned order is wholly arbitrary and illegal. Any order, which has effect of reduction of pay scale, cannot be implemented with retrospective effect.