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2020 Supreme(Jhk) 995
IN THE HIGH COURT OF JHARKHAND
Deepak Roshan, J.
Baldeo Singh and Ors. - Appellants
Vs.
The State of Jharkhand and Ors. - Respondent
WP(S) Nos. 3744 of 2008, 3188, 3203, 4054 of 2011, 4060 of 2010, 4061, 4069 of 2011, 5772 of 2009, 703 and 738 of 2008
Decided On : 26-11-2020
For the Appellant : Rahul Kumar and Piyush Chitresh
For the Respondents: Aashish Shekhar, Bhaskar Trivedi, Raunak Sahay, Shrey Mishra, Jyoti Nayan, Vishal Kr. Rai and Jayant Franklin Toppo
Headnote:
Service Laws – Salary – Promotion – Recovery of excess amount – All these writ applications were filed for quashing the letter whereby, the salary which was being paid to these petitioners on the basis of their promotion were stopped and further direction was made to recover the excess amount already paid. – Held, It is crystal clear that the issue involved in all these writ applications has already been decided by this Court – As such, all these writ applications are hereby allowed and the respective impugned orders are hereby quashed and set-aside. – Needless to say that the petitioners were never noticed before passing of the respective impugned orders and thus, the principle of natural justice was also violated. – Further, the respondents themselves have found that the promotion has been given within the sanctioned strength and the retrospective promotion was as per Rule. – Since the impugned order has already been quashed in all these writ applications, the concerned respondents are hereby directed to refund the excess amounts which were recovered from the respective petitioners of respective cases within a period of twelve weeks from the date of receipt/production of copy of this order. – Applications Disposed of
ORDER :
Deepak Roshan, J.
1. Heard learned counsel for the parties through V.C.
2. Since common issue is involved in all these writ applications, as such all of them have been heard together and disposed of by this common order.
3. All these writ applications were filed for quashing the letter No. 4026 dated 31.12.2007 whereby, the salary which was being paid to these petitioners on the basis of their promotion were stopped and further direction was made to recover the excess amount already paid.
The details of the petitioners of all these writ applications are in the tabular form as under:--
"The service details of the petitioners are as under:
| Sl. No. | Name of the petitioner | Date of appointment | Date of Grant of Graduate Trained | Seniority position In the Graduate Trained Scale (Ann-1) | Date of Promotion as Headmaster | Correction in the date Of promotion as Headmaster (Shifting of dates as per office order Dated 12.06.2003) (Ann-3) | Date of retirement | Name of School From Where retired. |
| 1. | Baldeo Singh | 17.10.1973 | 03.02.1983 | 249 | 01.04.1983 |
| 31.01.2008 | Govt. Middle School, Churchur, Sadar, Hazaribagh |
| 2. | Suresh Prasad Singh | 22.03.1975 | 05.03.1981 | 170 | 08.10.1986 | From 08.10.1986 to 01.04.1982 | 31.07.2008 | Middle School Garikala, Keredari, Hazaribagh |
| 3. | Ram Naresh Kumar | 01.07.1975 | 05.03.1981 | 173 | 08.10.1986 | From 08.10.1986 to 01.04.1982 | 28.02.2010 | Middle School, Bishnugarh. |
| 4. | Nehal Gope | 18.10.1973 | 05.03.1981 | 162 | 08.10.1986 | From 08.10.1986 to 01.04.1982 | 31.07.2009 | Middle School, Barkattha. |
| 5. | Ganesh Ram | 01.04.1976 | 23.10.1981 | 179 | 04.10.1986 | From 04.10.1986 to 01.04.1982 | 30.04.2013 | Middle School, Mandu, Ramgarh |
| 6. | Minnatullah Anr. | Petitioner No.1 (Minnatullah) Petitioner No.2 (Ramdas Gope) | 15.10.1973
20.10.1973 | 03.02.83
07.12.83 | 247 | 01.04.1983
01.04.1984 | Working
30.01.2010 | Aadarsh Middle School, Katkamsandi Middle School, Barhi |
| 7. | Vijay Kumar Singh | 24.10.1973 | 05.03.1981 | 167 | 08.10.1986 | From 08.10.1986
01.04.1982 | 30.09.2013 | Govt. Middle School, Keredari, Hazaribagh |
| 8. | Iqbal Ahmad | 07.04.1975 | 05.03.1981 | 172 | 08.10.1986 | From
08.10.1986
01.04.1982 | 30.06.2011 | Govt. Middle School, Orya, Sadar Hazaribagh. |
| 9. | Chandramauli Singh Mahendra Kumar Rana | 18.10.1973
10.02.1976 | 05.03.1981
22.11.1981 | 223
209 | 01.04.1982
01.04.1982 |
| 30.06.2012
31.05.2014 |
|
| 10. | Maheshwar Singh | 13.02.1976 | 12.05.1982 |
| 24.05.03 |
|
|
|
4. Learned counsel for the petitioners submits that the issue has already been decided in the case of Md. Usman and Others vs. The State of Jharkhand; W.P.(S) No. 655 of 2008, wherein this Court after hearing the parties and after going through the Finance Department Circular dated 4.4.1985, allowed the writ application and quashed the impugned order. Learned counsel further contended that all these writ applications may be disposed of in the light of direction made in the case of Md. Usman (supra).
Learned counsels for the State do not object to the aforesaid submissions of the petitioners.
5. Having heard learned counsel for the parties and after going through the order passed in the case of Md. Usman (supra), it appears that this Court after going through the various documents including the Circular dated 04.04.1985 quashed the impugned order and the said impugned order has also been impugned in all these writ applications. For better appreciation of the case, the relevant portion of the order is quoted herein-below:
"Heard learned counsel for the parties. It is an admitted position that these petitioners are entitled for promotion to the post of Headmaster and as such, they had been promoted. More so also, their promotion has not been questioned till
