1. Batch of writ applications involving the common question of law were disposed of by a learned Single Judge of this Court on 14.9.2001. The Writ petitioners and the State of Bihar have preferred these 15 appeals against the said order.

2. The controversy relates to grant of matric trained scale to the teachers of the elementary school having higher qualification but not possessing a certificate in teachers training. The State Government has passed several conflicting orders resulting into numerous litigations to this Court. The batch of writ applications out of which the appeals arise were filed for quashing the order dated 16.1.2001 passed by the Deputy Secretary, Finance Department, Govt. of Bihar, Patna whereby a decision was taken that as teachers training is a requisite qualification for grant of matric trained scale, untrained teachers are not entitled to the matric trained scale and the payment made to them in that scale shall be recovered in 20 equal instalments. They also prayed to grant them matric trained scale at Rs. 4500-7000/- and for holding examination of those teachers including the appellants who have completed training in Session 1997-98. The learned Single Judge disposed of the same by issuing the following directions.

(i) The State Government particularly in its Department of Finance of Primary Education is directed to issue necessary notification(s) implementing the recommendations of the Fitment Appellate Committee in respect of the elementary school teachers on the point at issue within a period of two weeks from the receipt/production of a copy of this order.

(ii) The recommendation of the Fitment Appellate Committee will cover matric and intermediate trained teachers and graduate and post graduate untrained teachers. The intermediate untrained teachers with regard to whom no recommendation was made by the Fitment Appellate Committee are not entitled to matric trained scale, but the amount which was paid to them under resolution dated 18.12.1989 and the circular dated 25.6.1999 will not be recovered from them. The respondent-State will make arrangements for holding a special examination for the teachers who had gone training in service.

3. Prior to 1991, according to relevant provision the minimum qualification for appointment to the teachers in the elementary school was Matriculation and a certificate of a basic teachers training having a duration of two years. In other words only matric trained teachers were eligible for appointment to the post of Assistant teacher in elementary school. Even untrained teachers were appointed in certain subjects due to non-availability of trained teachers in certain syllabus. Relaxations were made in the case of lady candidates as well as candidates belonging to the minorities communities as a result of which two scales were prevalent, one was matric trained scale for trained teacher and the other was matric untrained scale for untrained teacher. As a result of relaxation large number of untrained teaches having higher qualification than matriculation, namely, intermediate, graduate and post graduate were also appointed and different scales were also provided to them.

4. In 1989, the State Government constituted a Fitment-cum Pay Revision Committee for its employees. There were certain anamolies therein and accordingly the State Government constituted a Anamoly Removal Committee. Thereafter, the State Government issued a notification on 18.12.1989 accepting the recommendation of the said committee. So far the teachers of elementary school are concerned, they were put in two categories. Matric trained, intermediate trained, intermediate untrained and graduate untrained were put in matric trained scale of Rs. 1200-2040/-. The matric untrained teachers were put in the scale of Rs. 975-1540/-.

5. On 5.3.1991, the State Government done away with the requirement of teachers training for appointment of Assistant Teacher for elementary school and it provided that af