ORDER :

Sujit Narayan Prasad, J.

The instant appeal preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 22.06.2020 passed in W.P.(S) No. 5803 of 2012 by the learned Single Judge of this Court whereby and where under the order dated 17.01.2012 passed by the respondent no.2 as also the Office order contained in memo no. 358 dated 15.02.2010 has been refused to be interfered with while disposing of the writ petition.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:-

The writ petitioner was appointed as a Science Teacher on the fixed scale of Rs. 150/- by order dated 20.11.1973. Thereafter he passed B.Sc. Examination from Ranchi University and was given the scale pursuant to the 4th Pay Revision Committee as contained in Resolution dated 31.12.1991 in the scale of Rs. 1080/- w.e.f. 01.04.1981. The petitioner, after issuance of order contained in letter no. 26/1982, was sent on deputation to Project High School, Shitalpur, Dhanbad. Petitioner obtained necessary training from Government Teachers Training College, Ranchi, and passed the examination of Session 1980-81 in 2nd division by result published on 28.07.1982. After passing of the necessary training, the petitioner was given the B.Sc. Trained Scale of Rs.8500-30-12070-1360 w.e.f. the date of passing of the training dated 28.07.1982 by issue of an order dated 10.02.1990.

2(i). Pursuant to the revision of the scale of teachers under 5th Pay Revision Committee Report which was made effective by resolution as contained in memo no. 6021 dated 18.12.1989 at Rs. 1640-60-2000- 2900 we.f. 15.2.1980, petitioner thereafter was promoted as Headmaster in the pay scale of Rs. 2000-60- 2300-3500 in next higher scale w.e.f. 28.07.1994 and this fixation was also made thereafter. The aforesaid promotion of the petitioner to the post of Headmaster in the aforesaid scale was also thereafter confirmed by the District Education Officer, Dhanbad, in memo no. 406 dated 14.9.1996 w.e.f. 28.7.1996 in the scale of Rs.2000-60-2800-25-3500 and the pay of petitioner was accordingly fixed at Rs. 2375/-. Thereafter, petitioner joined the post of Headmaster of the Middle School at Dhokra, Dhanbad -1 on 3.1.1998. The writ petitioner thereafter passed the Hindi Noting & Drafting Examination, in examination held on 7.5.2006. Pursuant to the resolution of the State Government as contained in memo no. 660 dated 28.2.2009, the petitioner's pay was revised in the scale of Rs. 9300-34800 and the petitioner's scale was fixed at Rs. 18,420/- w.e.f. 1.1.2006. But petitioner was given the scale in the grade pay of Rs. 4,800/-, wherein the petitioner was entitled to the grade pay scale of Rs. 5,500/-.

2(ii). The writ petitioner, however, retired from the post of Headmaster of Middle School, Dhokra, at Dhanbad-1, on 31st May, 2009. After retirement of the petitioner, the petitioner was given a certificate by the Headmaster Incharge that the petitioner was not having any arrear over the schools upon the petitioner. The pay scale of the petitioner as Headmaster under 5th Pay Revision Committee Report which was made effective from 01.01.1996, was fixed on 18.6.1999 approved by the District Superintendent of Education. The statement of fixation of pay, as Headmaster under the 6th Pay Revision which was made effective from 1.1.2006, from the scale of Rs.6500-200-10500.

2(iii). At the time of working as Headmaster, he became the Drawing & Disbursing Officer at the Middle School and the petitioner was put under suspension on vague allegation of discipline for not utilizing the fund for Sarva Shiksha Abhiyaan by memo no. 1996 dated 14.10.2006. It is stated that for expenditure, the petitioner was not only responsible, but the Gram Shiksha Samittee was responsible for Sarva Shiksha Abhiyan.

2(iv). The petitioner submitted a show cause and disputed the charges levelled against him. The Area Education Officer enqui