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2017 Supreme(Jhk) 644
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. N. PATHAK, J.
Ajay Kumar Mandal, S/o Shri Nakul Mandal & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(S) No. 118 of 2016
Decided On : 01-09-2017
For the Petitioners:Mr. Rajiv Ranjan, Sr. Advocate, Mr. Aitz Hussain, Advocate
For the Respondents: Mr. D.K. Dubey, Sr. SC-I Ms. Nilam Tiwari, JC to SC-I Ms. Ruchi Rampuria, JC to SC-I
Headnote:School Laws – Recovery – cancellation of ACP – Petitioner was working with the employer for the last 12 years and he was thus granted ACP benefits – the benefits were confirmed by the screening committee – respondent contended that the petitioner was not entitled to such benefits in view of Circular dated 2000 petitioners did not have qualifications which made them eligible for such scale – the order rejecting the benefits to the petitioners were passed breaching the principle of natural justice – no opportunity of hearing was given to the petitioners – No proper reason was assigned in the order – it was held that reasons cannot be submitted by way of counter affidavit – petitioner was working for the state of Bihar and after bifurcation he joined the state of Jharkhand with the same pay scale – under section 73(1) of the Bihar reorganisation act, 2000 it stated that any person appointed in the state of Bihar or in the state of Jharkhand under section 72 shall not be reappointed to a post causing him disadvantage unless and until the government pre – approve his new appointment – The said circular of the year 2000 made by the government of Bihar is not in context to the present case – the petitioner did not make any misrepresentation in getting a pay scale – the order is quashed – petitioner is entitled to the benefits of ACP and pay scale of Rs. 5500 – 9000/ – . (Para 7)
The petitioners have approached this Court with a prayer for quashing the order bearing Memo No. 3214 dated 23.11.2015 issued by the Director, Secondary Education, School Education and Literacy Department, Govt. of Jharkhand, whereby Memo No.6/Wa- 25/2006-2709 dated 21.08.2015 has been cancelled/revoked (as contained in Annexure-4 to this writ petition). Further prayer has been made to hold and declare the order dated 23.11.2015 as illegal and arbitrary and also for implementing the order dated 21.08.2015 by which the petitioners were granted the benefits of ACP (Assured Career Progression).
Factual Matrix
2. The petitioners were appointed on the posts of laboratory Assistant in Government +2 Schools after following the due process for appointment and on the recommendation of the Vidyalaya Sewa Board, Patna (Bihar). All the petitioners were appointed by the Director, Secondary Education, Govt. of Bihar through appointment letters dated 15.07.1993, on the post of Laboratory Assistant in the scale of Rs. 1400-2600/- along with admissible allowances. After receiving the appointment letters, the petitioners joined their posts in different government schools of State. The petitioners having requisite qualifications for appointment as Laboratory Assistant, were also confirmed in their services on the post of laboratory assistant vide memo No. 1777 dated 22.09.2014 issued by the Director, Secondary Education, Govt. of Jharkhand. It is the specific case of the petitioners that they were appointed in the scale of Rs.1400-2600/-along with admissible allowances in the year 1993, the same pay-scale was revised and they were granted the pay scale of Rs. 5000-8000/-w.e.f. 01.01.1996 by way of 5th Pay Revision. The petitioners were allotted State of Jharkhand in order of cadre division issued by the Govt. of India dated 03.03.2006. In the cadre division, the pay scale of the petitioners have been shown as Rs. 5000-8000/-. After having completed 12 years of continuous service, the case of petitioners were considered for grant of benefits of ACP by the Screening Committee in its meeting dated 31.07.2015 and on its recommendation, they were granted the benefits of ACP with effect from the date on which they completed 12 years of continuous service and accordingly an order bearing Memo No. 6/Wa-25/2006-2709 dated 21.08.2015 was issued by the Director, Secondary Education, Govt. of Jharkhand, in which the petitioners' name find place at serial Nos. 3, 6, 11,14, 26, 28, 29, 30, 36, 41, 45, 46, 52, 57, 62 and 75.
3. In pursuance of benefits of ACP granted to the petitioners, the petitioner Nos. 2 to 6 have also received some payments towards the benefits of ACP. But, surprisingly, all of sudden and without any notice or show cause and without affording any opportunity of hearing, the Director Secondary Education, School Education & Literacy Department, Govt. of Jharkhand has issued an office order bearing memo No. 6/Wa-25/2006-3214 dated 23.11.2015, whereby the letter bearing Memo No. 6/Wa-25/2006-2709 dated 21.08.2015 has been cancelled/revoked on the basis of a decision taken in the Screening Committee meeting dated 19.11.2015. This letter was circulated by the District Education Officer, Ranchi giving direction to the Principals/Headmasters of the +2 High Schools to recover the amount paid to the laboratory assistants vide memo no. 3402 dated 28.11.2015. Aggrieved by the said letter, the petitioners represented before the respondent-authorities regarding the illegal order of recovery and regarding the sustainability of order dated 28.11.2015, but no heed was paid. Hence, this writ petition has been preferred challenging the said order of recovery.
4. Mr. Rajiv Ranjan, learned senior counsel appearing on behalf of the petitioners strenuously urges that order dated 23.11.2015, which is at Annexure-4, is illegal, arbitrary and unconstitutional. The said order is not sustainable in the eyes of law. Learned senior counsel draws the attention of th
