AMBUJ KUMAR SHRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this writ application has prayed for issuance of an writ of certiorari or for other appropriate writ for quashing the order dated 2.11.2002 (Annexure -6) which was issued in the form of objection by the District Accounts Officer (respondent no. 5) holding that the petitioner's pay fixation was wrongly done and as such, recovery of excess paid amount should be made from the salary of the petitioner. A further prayer has been made for issuance of a direction to the respondents to pay due salary to the petitioner in the scale of Rs. 4500 -7000 with effect from 1.1.1996 instead of 1998 and to release the arrears of salary.

(2.) FACTS of the case is that the petitioner who had passed his intermediate examination, was appointed on compassionate grounds as Assistant Teacher in the matric untrained scale of Rs. 12002040 against the 'post of matric untrained teachers in the Primary School at Primary School Madhya Gopali Circle, Dumri in the District of Giridih and pursuant to an order of appointment dated 30.8.1991, he joined his post on 10.9.1991. By terms of the order dated 23.9.1995 his pay scale was fixed at Rs. 1200 -2040. The aforesaid scale of pay as payable to the petitioner was even confirmed by the subsequent circulars issued by the Departmental Authorities on 3.9.1997 and again on 23.9.1997. Claim of the petitioner is that he is entitled to revision of his salary in the pay scale of Rs. 4500 -7000 with effect from 1.1.1996 from which date, revised pay scale was implemented. The revised pay scale was thus fixed and he was being given the salary on the scale of Rs. 4500 -7000. While this was so, the District Accounts Officer, (Respondent No.5) who draws the pay fixation chart in respect of the Government Servants, by his impugned letter (Annexure -6) issued by him, raised an objection in the pay fixation of the petitioner on the ground that the petitioner was wrongly paid the salary of trained scale as the petitioner has completed his training on 3.4.2002 and on such grounds, the District Accounts Officer had made an endorsement dated 2.11.2002.

(3.) COUNTER -affidavit on behalf of the respondents has been filed. The grounds of objection taken by the respondents are: - 1. That, the petitioner was appointed on the post of untrained Matric teachers and was getting scale of pay as allotted to him at the time of his appointment. 2. That, the petitioner at the time of his joining services on 10.9.1991, had possessed qualification of intermediate and later in the year 1998, he had completed his graduation and thereafter, he had completed his training on 3.4.2002 and acquired the status of trained teachers after completing his training. 3. That, though the petitioner was given the initial pay scale of untrained teachers on the compassionate grounds, but under the Government letter dated 8.8.1991 (Annexure -A) petitioner was entitled to increment of pay annually after obtaining teachers training certificate. As such, since the petitioner had completed his training and obtained training certificate only on 3.4.2002, he was entitled to the increment in salary only thereafter. 4. That, since the District Superintendent of Education, Giridih by his order dated 23.9.1995 had inadvertently fixed the increment of the petitioner in contravention of the Government decision as contained in Government letter dated 8.8.1991, the arrear of excess payment was applicable to only those teachers who were appointed against the post of trained teachers of primary/ middle school having the higher qualification of bachelor's degree. 6. That, as per the Circular No. 14568 dated 5.7.2002 issued by the Government pursuant to the judgment of the Patna High Court passed In CWJC No. 495 of 2000(R) and CWJC No. 1409 of 2000(R), those teachers who were already in employment were to be given notional pay scale of Rs. 4500 -7000 with effect from 1.1.1996 and the real payment with effect from 15.11.2000. Since the petitioner got trained on 3.4.2002, he cannot therefore, claim any such pay fixation.