STATE OF JHARKHAND Vs. KALI PADA DUTTA

JUDGEMENT

(1.) AII these appeals have been preferred by the State of Jharkhand through the Human Resources Development Department against the order dated 20.1.2003 passed by the learned Single Judge in three writ petitions bearing W.P.(S) No. 2395 of 2001 (Kali Pad a Dutta & Others vs. The State of Jharkhand & Others), W.P.(S) No. 2362 of 2001 (Basant Saha vs. The State of Jharkhand & Others) and W.P.(S) No. 3995 of 2001 (Anant Kumar & Others vs. The State of Jharkhand and Ors.), by which the learned Single Judge was pleased to allow the writ petitions and was pleased to set aside the order by which time bound promotion granted to the petitioners/respondents herein had been withdrawn and consequently an order was passed to recover the salary which according to the appellant -State was an excess withdrawal on the part of the respondents -teachers by way of the scale allowed to them on account of the order dated 9.9.1999 by which the respondents' were granted first time bound promotion with effect from 21.6.1992.

(2.) IN order to appreciate the controversy giving rise to these appeals, it may be relevant to state that the respondents had been appointed as Assistant teachers in the year 1982 with effect from different dates indicated in the order of their appointments which were issued in the year 1.982. Admittedly, the respondents were initially untrained teachers and were getting untrained, scale but in the year 1989 vide Memo Nos. 6021 and 6022 dated 18.12.1989, Fourth Pay Revision was adopted by the Government and benefits of revised scale of pay was allowed in favour of the respondents/untrained teachers also with effect from 1.1.1986. According. to the case of the petitioners respondents herein, hey were granted the scale of trained teachers with effect from 1.1.1986. in terms of the Finance Department .Resolution referred to hereinbefore and in terms of Clause 13 thereof, they were granted the benefits of the revised scale of pay which was revised to Rs. 975 -1,540/ - and they were placed in the said scale with effect from 1 .1.1986. They continued as Assistant Teachers in an untrained capacity until 1993 -1994 when the respondents/untrained teachers/Assistant Teachers were sent for training which was completed in the year 1994. According to the case of the respondents/untrained teachers, although they were placed in the revised scale of untrained teachers in the scale of Rs. 975 -1,540/ -, they were never ever granted any promotion and when they completed the training in the year 1994, the District Education Establishment Committee took a decision on 28.5.1994 for grant of first time bound promotion to the respondents who had completed ten years of service in the pay scale of Rs. 1,200 -1,800/ -. Consequently, by order dated 26.6.1995, first time bound promotion was allowed to the respondents with effect from 1992 in the pay scale of Rs. 1,200 -1,800/ - and accordingly their pay scale was fixed. Subsequently, the Director again issued a letter dated 7.6.1995 indicating therein that graduate untrained teachers shall be given the revised pay scale of Rs. 1,200 -2,040/ -. Accordingly, the pay was fixed in the revised pay scale of Rs. 1,2002,040/ -. The respondents thereafter continued to avail this scale from 1995 onwards plus the arrears of salary with effect from 1992.

(3.) THE respondent -teachers, who were initially untrained and were placed in the scale of Matric Untrained Teacher in the year 1989 and were receiving the scale of Rs. 975 -1 ,540/ - and were entitled to the scale of Matric Trained Teacher in the year 1994, after having acquired the Teachers' Training, were entitled to be placed in the appropriate scale of Matric Trained Teacher. The respondent -teachers, however, in spite of having acquired the status of Matric Trained Teacher in the year 1994, were not granted the appropriate scale of the Matric Trained Teacher instead they availed the promotional scale of Matric Untrained Teacher, which was Rs. 1,4002,300/ - which was later struck down as illegal receipt on the part of the respondent -teachers on the plea that as they were already Matric Trained Teachers and were entitled to be placed in the scale of Rs. 1,240 -2,040/ - which was promotional scale of Matric Untrained Teacher, it was ordered to be cancelled by office order dated 26.9.2000, as indicated hereinbefore.