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 07.12.2018.

4. In order to examine the issue involved, it would be appropriate to note some facts and for the said purpose the facts of the leading case of Chandrakant (petitioner in C.W.J.C. No. 2783 of 2021) are being noticed.

5. Chandrakant who is petitioner no. 1 in the petition was appointed as Assistant Teacher in the district of Begusarai on 03.09.1994 on the recommendations made by the Bihar Public Service Commission, Patna (hereinafter referred to as, “the BPSC”). By letter, dated 16.11.2000, the Special Secretary of Finance, issued directives for fixation of salary of teachers working in Government schools which, inter alia, prescribe that the fixation of salary of teachers upon being granted promotion in senior/super selection grade pay was not required to be done meaning thereby that on such promotion the enhanced pay scale without benefit of increment would be granted. Therefore, all teachers who were granted benefit of promotion under the senior/super selection grade pay were extended benefit of payment of higher salary in the higher pay scales without granting them benefit of increment. The said pay fixation was therefore not done and higher pay scale was granted in terms of Rule 22 of the Fundamental Rules.

6. By another Notification, dated 25th June, 2003, assured career progression scheme ( Rules of 2003 ) notified whereby benefit of financial progression was allowed to all the persons who were working in different departments of the State Government. Thus, persons who have completed 12 years of service and 24 years of regular service were given the benefit known as assured career progression. The said Rule of 2003 did not extend to the teachers working in different Government schools and the persons like the petitioners were to be governed by the separate Rules framed by the State Government from time to time.

7. So far as teachers are concerned, vide Resolution, dated 18.12.1989, the Finance Department laid down provisions of scales of pay of teachers and the said Resolution, dated 18.12.1989, provided for grant of promotion as Matric Trained/Intermediate Untrained/Intermediate Trained/Graduation Untrained teachers in the pay scale of Rs.1200-2040/-. On completion of 12 years they were to be granted pay scale of Rs.1400-2600/-. Those who are working as Graduate Untrained teachers or Intermediate Untrained teachers and drawing pay scale of Rs.1200-2040/- were extended benefit of senior pay scale on completion of 12 years of regular service in the pay scale of Rs.1400-2600/-.

8. The State of Bihar issued a Resolution, dated 21.01.2010, from Finance Department and a clarification was issued with regard to revision of pay scale of State Government employees with effect from 01.01.2006. Clause 12 of the said Resolution provided for grant of prom