RITA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this Court with a prayer for quashing the order passed under Memo No. 3214 dated 23.11.2015 by the Director, Secondary Education, School Education and Literacy Department, Govt. of Jharkhand, whereby Memo No.6/Wa-25/2006-2709 dated 21.08.2015 has been cancelled/revoked (as contained in Annexure-4 to this writ petition).

(2.) The petitioners were appointed on the posts of laboratory Assistants in Government +2 Schools after following the due process for appointment and on the recommendation of the Vidyalaya Sewa Board, Patna (Bihar). The petitioners were appointed by the Director, Secondary Education, Govt. of Bihar through appointment letters issued on different date, on the post of Laboratory Assistants in the scale of Rs.1400-2600/- along with admissible allowances. After receiving the appointment letters, the petitioners joined the post in in different schools. The petitioners having requisite qualification for appointment as Laboratory Assistants, were also confirmed in their services on the post of laboratory assistants. It is the specific case of the petitioners that they were appointed in the scale of Rs.1400-2600/- along with admissible allowances, the same pay-scale was revised and they were granted the pay scale of Rs. 5000- 8000/-, by way of 5th Pay Revision. The petitioners were allotted State of Jharkhand in cadre division order issued by the Govt. of India dated 03.03.2006. In the cadre division, the pay scale of the petitioners have been shown as Rs. 5000-8000/-. After having completed 12 years of continuous service, the case of petitioners were considered for grant of benefits of ACP by the Screening Committee in its meeting dated 31.07.2015 and on its recommendation, they were granted the benefits of ACP with effect from the date on which they completed 12 years of continuous service and accordingly, an order bearing Memo No. 6/Wa-25/2006-2709 dated 21.08.2015 was issued by the Director, Secondary Education, Govt. of Jharkhand, in which the petitioners' names find place.

(3.) But, surprisingly, all of sudden and without any notice or show cause and without affording any opportunity of hearing, the Director Secondary Education, School Education & Literacy Department, Govt. of Jharkhand has issued an office order bearing memo No. 6/Wa-25/2006-3214 dated 23.11.2015, whereby the letter bearing Memo No. 6/Wa-25/2006-2709 dated 21.08.2015 has been cancelled/revoked on the basis of a decision taken in the Screening Committee meeting. Aggrieved by the said letter, the petitioners represented before the respondent-authorities regarding the sustainability of order dated 23.11.2015, but no heed was paid. Hence, this writ petition has been preferred challenging the said order of recovery.