Entitlement to salary enhancement and transfer of contractual employees are determined by the terms of the contract and the prerogative of the employer.

The petitioner in this writ application is praying to quash the letter No. 1118dated 27.07.2016 issued by the District Superintendent of Education-cum-District Program Officer, Giridih, whereby the petitioner has been directed to refund the excess amount of salary paid to the petitioner in the account of the Kasturba Gandhi Balika Vidyalaya (hereinafter referred to K.G.B.V.), Deori, Giridih on the ground that she has not completed 3 years of service, therefore, is not entitled to 50% enhancement in the salary. Further the petitioner prays to quash the memo no. 1126 dated 28.07.2016, by which the petitioner has been transferred from K.G.B.V. , Deori to K.G.B.V., Pirtand on the ground that as per the terms of the contract she has to perform her duty in the place assigned in the contract itself. She further prays to quash Memo no. 1263,Giridih dated 13.08.2016, whereby the teachers, who were already working from before in K.G.B.V., Gawan and Tistri, have been transferred to K.G.B.V., Deori.

2. The petitioner was appointed on contract as a General Science Teacher on 12.06.2006. The contract of the petitioner was terminated vide letter no. 1121 dated 01.10.2008. She applied for reconsideration of her case, which was placed before District Committee. Her case was considered sympathetically and it was decided to appoint the petitioner on fresh contract and subsequently appointed in K.G.B.V., Deori. As per the said decision a fresh contract of employment was entered into, which the petitioner accepted and thereafter she joined pursuant to the new contract of employment. One of the clause of the said contract was that the petitioner will have no claim on the past appointment and she will not get any monetary benefit in lieu of the earlier appointment.

3. The State of Jharkhand issued a letter dated 07.09.2012, by which the salary of the contractual employees of the Jharkhand Education Project was enhanced and 50% enhancement of salary was approved by the Government and the same was implemented. The enhancement of 50% in contractual salary was with effect from 01.04.2012. The petitioner, pursuant to the said letter dated 07.09.2012 was allowed 50% enhancement. On 27.07.2016 a letter was issued to recover the 50% enhanced amount, which was granted to the petitioner on the ground that she was not entitled for the same and a direction was given to the petitioner to refund the said amount.

4. Counsel for the petitioner while challenging the said letter submits that as per the letter dated 07.09.2012, the petitioner was entitled to get the enhancement and the same was granted to her, He submits that the impugned order is absolutely bad and failed to take into consideration that the petitioner had earlier worked in K.G.B.V. Deori and the said letter dated 07.09.2012 is applicable to the petitioner and she is entitled to get the benefit of 50% enhanced salary. The petitioner has referred to a decision of Hon'ble the Supreme Court in the case of Sushil Kumar Yadunath Jha Vs. Union of India and another reported in AIR 1986 Supreme Court 1636.

5. Now to decide the issue raised in this application, it is necessary to deal with the clauses of letter no. 07.09.2012, which enhances the contractual salary of the employees.

6. From perusal of Clause-1 of the said letter it is clear that 50% enhancement in salary would be granted to those teachers who have completed contractual period of 3 years as on 01.04.2012. Further Clause-2 of the said letter suggests that while working on contract in a particular post, if a candidate joins another post the earlier period of contract will be counted for the purpose of enhancement.

7. From the aforementioned position it is clear that a person must have worked for 3 years as on 01.04.2012 and while working on contract, if he joins a new post under fresh contract, the earlier period will be counted. This means that there should be a seamless transaction from one contract to another and there should not be any break