SHEKHAR KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioners have inter alia prayed for direction upon the respondents not to recover/deduct any amount of money from the petitioners, pursuant to order dated 21.04.2011, whereby order has been passed to recover the alleged excess amount paid to the petitioners.

(2.) The factual matrix, as delineated in the writ application, in brief is that the petitioners, who are Assistant Teachers working in the district of Ranchi, after serving considerable period of time were promoted from Grade-I to Grade-II in between 09.09.2006 to 17.03.2009 i.e. after the effective date of Revision of the scale of pay for the State Government employees, as per Resolution dated 28.02009. It has been averred that as per the said Resolution, the pay of petitioners were fixed, which was duly approved by the then District Superintendent of Education, Ranchi and District Accounts Officer, Ranchi. Accordingly, the petitioner were drawing salary from their respective date of promotion. But, all of a sudden the respondent no. 6 vide order dated 21.04.2011, which is impugned in this case, directed the respective Drawing and Disbursing Officer to fix the pay under para 22 (1) (A) (2) of the Fundamental Rules vide letter dated 21.04.2011 and recover the excess amount in one instalment.

(3.) Heard Mr. Jai Prakash Jha, learned senior counsel for the petitioners and Mr. Dhananjay Kumar Dubey, Sr. S.C. I for the respondents.