LAWS(JHAR)-2017-1-78

RAJ KUMAR BHAGAT, SON OF LATE GANESH LAL BHAGAT, RESIDENT OF PS DOMERSOL, PO PAKURIA, DIST. PAKUR Vs. THE STATE OF JHARKHAND

Decided On January 11, 2017
Raj Kumar Bhagat, Son Of Late Ganesh Lal Bhagat, Resident Of Ps Domersol, Po Pakuria, Dist. Pakur Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Grievance of the petitioners is directed against the decision dated 10.05.2006 of the District Education Establishment Committee, Pakur.

(2.) Heard.

(3.) The learned counsel for the petitioners submits that, before it is ascertained whether the petitioners are responsible for the alleged wrong fixation of pay-scale and whether they can be extended benefit of order passed in S.L.P. (C) No. 10051 of 1990 read with Civil Appeal No. 5148 of 1992 or not, a final decision for re-fixation of pay-scale and recovery of excess amount allegedly paid to the petitioners, has been taken. It is contended that the show-cause notice issued to the petitioners was a mere formality and, in fact, the respondents have already taken a decision. The learned counsel for the petitioners has referred to judgments in "State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others" reported in (2015) 4 SCC 334 and "Oryx Fisheries Private Limited Vs. Union of India and Others" reported in (2010) 13 SCC 427.