VEENA ANJANA LAKARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner seeks to undertake certain correction in para 4 and 6 of the supplementary affidavit filed on 19.02.2014. He is permitted to do so during the course of the day in red ink. Heard learned counsel for the parties.

(2.) The petitioner came before this Court earlier in W.P.(S) No. 280 of 2002 being aggrieved vide letter No. 1917 dated 04.04.2000 issued by the Director, Welfare Department, Government of Bihar as also letter No. 2266 dated 19.10.2001 issued by the respondents whereunder directions were issued to revise the pay scale of untrained teachers working in the Welfare Department as also for recovery of amount paid excess to such teachers.

(3.) The petitioner as such was appointed as Assistant Teacher in a School under the Welfare Department under Adv. No. 02/92, Annexure-3, which prescribes the minimum educational qualification as Graduate in a particular subject. There was no qualification of Teacher Training prescribed for appointment of teachers in a particular subject under the said advertisement. The appointment letter is at Annexure-4/A dated 14.11.1994 in which the petitioner's name occurs at serial No. 18. The same also refers, the Advertisement No. 02/92 under which the selection exercise was done by the Bihar Vidyalaya Seva Board. Upon her appointment the petitioner was placed in the scale of Rs. 1500-2750/which were prevalent in the Welfare Department in respect of both Trained and Untrained Teachers. The same were revised in the scale of Rs. 1600-2780/- and under the 5th Pay Revision replacement scale of Rs. 5500-9000/- was given to the petitioner and other such Untrained Teachers in the Welfare Department. This revised scale of Rs. 5500-9000/- was reduced on issuance of the letter No. 1917 dated 04.04.2000 by the Director, Welfare Department, Government of Bihar. This apparently was done on the basis that the scale of Untrained Teacher as prescribed under the Human Resources Development was Rs. 4000-6000/- while the revised scale of Trained Teacher was in the scale of Rs. 5500-9000/-. In such circumstances, the petitioner approached this Court in the earlier writ petition being W.P.(S) No. 280 of 2002. After noticing the contention of the parties, the matter was remanded to the respondents to give notice and opportunity of hearing to the petitioner before passing any order as the earlier order which reduced the petitioner's scale and sought to recover excess pay was passed without following the principles of natural justice.