ARJUN TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. These petitioners are teachers posted in different Government High Schools situated in the State of Jharkhand. The details of the individual petitioners relating to their appointment, recognition by the Government and promotion in Selection Grade are indicated in para 4 of the writ petition. These petitioners were the beneficiaries of the resolution No. 3/PAR -01 -3/89 -6022F(2) Finance Department dated 18.12.1989 whereby the scale of pay of the teachers of the school taken over by the Government was revised. These petitioners got the benefit of pay fixation in the revised scale as per the resolution dated 18.12.1989. The aforesaid pay revision includes the increment granted by the said resolution dated 18.12.1989, on application of Rule FR 22(C). The said resolution was however modified by a resolution of 20.2.1993 as it was noticed by the State Government that FR 22(C) have been deleted by the notification dated 30.8.1989 itself. Consequent thereto the State Government issued a direction on 16.11.2000 upon the concerned authorities including the Secretary, Primary and Adult Education, Secretary, Secondary Education and the Subordinate authorities to direct the respective Principals of the Government schools where such pay fixation under Rule FR 22(C) was granted to the eligible teachers earlier in view of the circular dated 18.12.1989 to inter -alia (a) refix their pay scale under Rule FR 22(i) a (2); (b) to recover the amount already paid because of wrong fixation under Rule FR 22(C) in view of the resolution dated 18.12.1989. The petitioners are aggrieved by the said notification and have prayed in the present writ application not to reduce their pay scale and also not to make any recovery of the amount which was actually paid to them pursuant to their pay fixation in terms of the resolution dated 18.12.1989.

(2.) THE very circular dated 18.12.1989, the modification made under resolution dated 20.2.1993 as also the direction issued on 16.11.2000 which are under consideration in the present case were the subject matter of the litigation which was finally decided by the Hon'ble Supreme Court in the case of Syed Abdul Qadir & another Vrs. State of Bihar & others reported in : (2009) 3 SCC 475. After discussing the rival contention of the parties and after taking into account the judgment under appeal before the Apex Court, the Hon'ble Supreme Court has held that: -

(3.) SO far as the question of recovery is concerned, the opinion of the Hon'ble Supreme Court at para 61 containing the ratio on that aspect is also very clear. It held that no recovery of the excess amount paid to the teachers of the Secondary school be made irrespective of the fact whether they have moved the Apex Court or not.