DHIRENDRA NATH LAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the office order as contained Memo No. 1153 dated 01.06.2006, passed by the respondent no. 6, by which the B. Sc. Untrained Scale of Rs. 680-965.00 granted to the petitioners and others has been cancelled w.e.f. 01.09.1982 and it was further ordered to recover the excess amount paid to them since 01.09.1982 in 24 instalments and consequently the petitioners have been placed in the pay scale of Rs. 535-765.00.

(2.) The petitioners being Science Graduates had responded to an advertisement issued on 31.03.1981, inviting applications for appointment of Science Teachers on monthly stipend. The advertisement made it clear that in absence of trained teacher, the post should be filled up by the untrained teachers. The petitioners, being the successful candidates, were called for the interview and, thereafter, a Selection Establishment Committee was constituted for selection of the candidates pursuant to which a District level panel was prepared which included the name of these petitioners. Accordingly, the petitioners joined their services in the year 1982 on a monthly stipend of Rs. 150.00 per month. In terms of letter no. 3629 dated 20.11.1982, issued by the Commissioner-cum-Secretary, Bihar, Patna, all the posts, which were filled up, were given the regular pay-scale. Subsequently, by order of the Director, Primary Education, Bihar, Patna dated 30.11.1987, services of the petitioners were terminated holding the same to be an illegal appointment. Being aggrieved by the said order, the petitioners moved before the Patna High Court by filing writ petition wherein a Division Bench of Patna High Court by judgment dated 11.08.1989, directed the respondents to proceed with the appointment of teachers in the elementary schools by inviting applications from the petitioners and other persons who have been removed on account of illegal recruitment by the District Superintendent of Education. The petitioners and others moved before the Honourable Supreme Court in S.L.P. No. 11699/1990 and other analogous cases, which was disposed of by an order dated 07.02.1991 with an observation that the petitioners shall have the credit of past service both in regard to payment of salary as well as seniority and other benefits. Although fresh selections were made, but the candidature of the petitioners have been rejected on the ground that they were untrained graduate teachers. A fresh round of litigation started which culminated in the order dated 22.11.1991, passed by the Honourable Supreme Court wherein a direction was given to the respondent to make appointment from the panel and in case trained teachers are not available, the posts were to be filled up by untrained graduate teachers. Pursuant to the said directions, applications were invited from those who were appointed in the year 1981-82 and were terminated. Thereafter, by different letters the petitioners were appointed as untrained science teachers and were given B.Sc. untrained pay scale of Rs. 680-965.00. All of a sudden, D.S.E., Dumka (Respondent no. 6) vide his order contained in letter no. 1153 dated 01.06.2006, cancelled the benefit of B.Sc. Untrained pay scale of Rs. 680-965.00, granted to the petitioners and others w.e.f. 01.09.1982 and directed to recover the excess payment made to them in 24 instalments and placed the petitioners in the pay scale of Rs. 535-765.00

(3.) Heard learned counsel appearing for the petitioners and learned counsel for the respondents.