TEJ NARAYAN BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BEING aggrieved and feeling dissatisfied by an order passed by respondent no. 7 dated 19th September, 2002 (at Annexure -7), the petitioner has preferred this petition mainly for the reason that after lapse of approximately two decades, the benefit, which was given of the scale of Intermediate Trained Scale, is withdrawn by the impugned order. The benefit of Intermediate Trained Scale was given on 19th November, 1987 (vide letter at Annexure -5), with effect from 1st April, 1981. Thus, a benefit which was given in the year 1987, is withdrawn by order dated 19th September, 2002. It is also submitted by the learned counsel for the petitioner that without giving any notice and without giving any opportunity of being heard to the petitioners, an order at Annexure -7 has been passed by respondent no. 7. It is also submitted by the learned counsel for the petitioners that initially the petitioners were appointed as Assistant Teacher with effect from 12th August, 1978; thereafter, Intermediate Trained Scale was given in 1987 with effect from 1981; thereafter, petitioners worked for several years on the said post with the Intermediate Trained Scale and not on a single occasion, any grievance was ventilated by any of the respondents. For the first time, in the year 2002, allegations were levelled that the scale was wrongly given and unilaterally, arbitrarily and without giving any opportunity of being heard to the petitioners, the benefit which was given in the year, 1987 of Intermediate Trained Scale has been withdrawn and therefore, the order at Annexure -7 is passed in gross violation of principles of natural justice and therefore, the same deserves to be quashed and set aside. Had an opportunity of being heard been given to the petitioners they would have pointed out to the respondents that there was no mistake or illegality or irregularity in grant of Intermediate Trained Scale to the petitioners, but, directly an order has been passed without giving any opportunity of being heard to the petitioners and therefore, the present petition has been preferred. Learned counsel for the petitioners has also drawn attention of this Court to various affidavits filed by the respondents including one which is filed by the respondent no.6, which is in favour of the present petitioners.

(2.) I have heard learned counsel for the respondents, who has submitted that wrongly given benefit cannot be continued to be retained by the petitioners and therefore, the same is withdrawn vide order dated 19th September, 2002 at Annexure -7. It is also submitted by the learned counsel for the respondents that petitioners were not entitled for Intermediate Trained Scale and therefore, for the reasons stated in the impugned order at Annexure -7, the said Intermediate Trained Scale benefit has been withdrawn and therefore, the present petition deserves to be dismissed.

(3.) AS a cumulative effect of the aforesaid facts and circumstances, I hereby quash and set aside the order passed by respondent no. 7 dated 19th September, 2002 at Annexure -7 to the memo of the present petition. Accordingly, the petition is allowed to the aforesaid extent.