S.B.Sinha and G.C.Bharuka JJ.

1. In this application the petitioners have sought for issuance of an appropriate writ for quashing an order dated 1st January, 1992 issued by the District Education Officer, Sitamarhi, whereby the Acting Headmistress of the Project Girls High School, Shivahar has directed recovery of alleged excess amount paid to the petitioner No. 1 from July, 1991 to October, 1991 and the petitioner No. 2 from May, 1991 to October, 1991.

2. Admittedly petitioners had been working in the Project Girls High School at Shivahar.

3. The State of Bihar took various decisions from time to time for opening up of Project Schools in every block.

4. However, only Girls Project School were established. The Project Girls High School at Shivahar was established in the year 1981-82. The petitioner No. 1 was appointed on the post of Science Teacher by the Managing Committee of the said school on 5-4-1982. He was Science Graduate. At the time of his appointment he had completed Teachers Training Course for the sessions 1978-80 in which examination were held in the year 1983 but the results thereof were published on 27-1-1984.

5. The petitioner No. 2 was appointed as Fouder Teacher of the School on 7-10-1981, he having the qualification of M. A. B. Ed. The said school was taken over as a Project School on 3rd June, 1983. By a letter dated 12-10-1982 upon screening relating to eligibility of the petitioners the petitioner No. 1 was granted trained graduate scale of pay with effect from 27-1-1984, whereas the petitioner No. 2 was granted scale of trained graduate with effect from 1-1-1982 as per the policy decisions of the State of Bihar. The orders to the aforementioned effect dated 29-3-1990 and 16-3-1990 are contained in Annexures 1 and 1/1 to the writ application.

6. The petitioners had admittedly been drawing their salaries in terras of the aforementioned orders but the District Education Officer by an order dated 16-1-1992 directed recovery of the alleged excess amount drawn by the petitioners by way of salary, etc. The said order is contained in Annexure-3 to the writ application.

7. According to the petitioners as they had been drawing their pay in terms of the Govt. orders and in terms of the resolutions of the State of Bihar adopted from time to time, the impugned order as contained in Annexure-3 must be held to be illegal and without jurisdiction.

8. In this case a counter-affidavit has been filed on behalf of the respondents wherein it has been contended that at the time of appointment the petitioners were untrained.

9. According to the respondents so far as the petitioner No. 1 is concerned, he being untrained, the scale of pay granted to the petitioner was modified by a memo dated 16-1-1992 issued by the District Education Officer, Sitamarhi whereby he was granted the scale of trained teacher with effect from 1-6-1986 in terms of the Govt. Circular bearing No. 405, dated 10th July, 1986.

10. Mr. Ganesh Prasad Singh, learned Counsel appearing on behalf of the petitioner has raised two contentions in support of this application. The learned Counsel firstly submitted that so far as petitioner No. 2 is concerned he being an M. A. trained at the time of his appointment, the said Circular letter No. 405, dated 19th July, 1986 as contained in Annexure-A to the counter affidavit will have no application in the facts and circumstances of the case.

11. It was further submitted that from a perusal of the order dated 11-8-1986 as contained in Annexure-4 to the writ application, it would appear that grant of amount of Rs. 10 per day was not acted upon by the Director himself in his order dated 11-8-1986 which was passed pursuant to a direction of this Court in M. J. C. 711/85 arising out of CWJC No. 2281/84 and thus the impugned order must be held to be wholly illegal,

12. The learned Counsel has in this connection drawn our attention to Clause 10 of the Circular No. 705, dated 12-10-1982.

13. From a perusal of the Circul