Back
SANJEEV PRAKASH SHARMA
Chandrakant – Appellant
Versus
State of Bihar – Respondent
Sanjeev Prakash Sharma, J.—Heard the parties.
2. All these writ petitions are being decided jointly as common question of law is required to be examined in all the cases. While in some writ petitions the individual orders affecting them individually has been challenged. Essentially all the writ petitions assail the letter, dated 10.11.2020 bearing memo no. 5770 issued by the Secretary, Expenditure, Finance Department, Government of Bihar, whereby the Additional Chief Secretary, Education Department, Bihar, Patna, have been informed that as the senior/super selection grade pay scale is different from ACP/MACP, the benefits of Resolution, dated 07.12.2018, issued by the Finance Department of State Government are not to be extended in favour of teachers who have been extended the benefit of senior/super selection grade pay with effect from 01.01.2006 resultantly it has been directed to make recovery of salary already paid to them on account of granting ACP/MACP.
3. It has been prayed that the recovery of amount that has already been paid to the petitioners applying the ACP/MACP may not be recovered and further the salary be fixed as per the provision contained in Resolution, dated 07.12
The recovery of excess payment made to pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State mo....
The court ruled against arbitrary recovery of excess salary, emphasizing protections for employees and the necessity for compliance with procedural justice.
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
The court ruled that recovery of higher pay from employees without prior notice and due process violates principles of natural justice, emphasizing the necessity of protecting vested rights.
The court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
