MD.SAWOOD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the Office Order as contained in Letter No. 1159 dated 31.7.1999 by which the I.A. trained scale given to the petitioner with effect from 1.1.1978 and B.A. trained scale with effect from 1.4.1981 has been cancelled; and the respondents - authorities further directed to recover the excess paid salary on account of giving promotion into I. A. trained as well as B.A. trained scale. The petitioner further prays for quashing the aforesaid entries made/recorded in the Service Book with respect to the cancellation of I.A. trained and B.A. trained scale earlier given to the petitioner with effect from 1.1.1978 and 1.4.1981 respectively; and the petitioner further prays for issuance of a writ in the nature of mandamus commanding upon the respondents to provide I.A. trained scale to the petitioner with effect from 1.1.1978 as well as B.A. trained scale with effect from 1.4.1981 with all consequential benefits and for issuance of direction to the respondents to immediately and forthwith promote to the petitioner to the post of Headmaster with effect from the date on which the person junior to him were promoted and are presently working as Headmaster. C.W.J.C. No. 3355 of 2000 (R) In the instant writ petition the petitioners pray for issuance of an appropriate writ, order or direction or a writ in the nature of certiorari for quashing the Office Orders as contained in Letter No. 1159 dated 31.7.1999 by which the I.A. Trained scale given to the petitioners with effect from 1.1.1978 and B.A. Trained scale with effect from 1.4.1981 has been cancelled and the respondents further directed to recover the excess paid salary on account of giving promotion into I.A. as well as B.A. Trained scale and the petitioner No. 1 also prays for quashing the entries made/recorded in his service book with respect to cancellation of I.A. And B.A. Trained scale earlier given to him w.e. f. 1.1.1978 and 1.4.1981 respectively and the petitioner further prays for issuance of a writ in the nature of mandamus commanding upon the respondents to provide I.A. trained scale to the petitioners with effect from 1.1.1978 as well as B.A. trained scale with effect from 1.4.1981 along with all consequential benefits. The petitioners further pray for a direction to the respondents to immediately and forthwith promote the petitioners to the post of Headmaster with effect from the date on which persons junior to the petitioners like Ramadhar Singh and others were promoted and arc presently working.

(2.) BOTH the writ petitions are being disposed of by this common order since the facts and the issues involved are identical.

(3.) THE main contention raised by the learned Counsel for the petitioners is that pursuant to the order of remand the authority passed an order without assigning any reason. It has been further submitted on behalf of the petitioners that the action of the respondent authority is on the face of it illegal, arbitrary and without jurisdiction since the impugned order dated 31.7.1999 was passed without even giving a copy and without even affording any opportunity to show cause. It has further been submitted that the same was issued after nearly 20 years and the autghorities ignored the order and direction issued by this Court in C.W.J.C. No. 2028 of 1991 (R) and thus the impugned order of cancellation was on the face of it illegal and unsustainable in the eyes of law. It has further been submitted that the persons juniors to the petitioners have already been given benefit of promotions.