STATE OF JHARKHAND Vs. URSULA TIRKEY

JUDGEMENT

(1.) Twenty-one writ petitions challenging the order dtd. 18/8/2008 passed by the Director, Secondary Education were taken up for hearing together and a decision thereon was rendered on 2/5/2023; writ petitions were allowed.

(2.) In this batch of Letters Patent Appeals, the State of Jharkhand seeks to challenge the common order dtd. 2/5/2023 passed in the aforementioned batch of writ petitions with a direction for refund of the amount recovered from the writ petitioners.

(3.) The brief facts of the case are that the respondents were appointed in the government-aided minority institutions on teaching and non-teaching posts. They referred to the decision of the Government of Bihar vide memo No. 2526 dtd. 11/7/1979 whereunder the salary of the teaching and non-teaching staff of the minority-aided-school was brought equivalent to the staff in the government schools. They have also referred to Resolutions dtd. 30/8/1980 and 22/12/1981 whereunder pay-scale, allowances, provident fund, family pension and other monetary benefits were extended to the teaching and non-teaching staff in the minority-aided institutions. They further pleaded that Resolution No. 237 dtd. 20/2/1990 brought the employees of the minority-aided- schools at par with the government schools.