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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Sushil Kumar son of Late Yogendra Prasad Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder the direction has been sought for setting aside the office order as contained in Memo No.550/Pakur dated 12.05.2005 issued under the signature of the Respondent No.6, i.e., District Superintendent of Education, Pakur, whereunder the B.Sc. Trained Scale granted to the petitioners vide office order dated 23.08.2004, has been cancelled.
2. The brief facts of the case as per the pleadings made in the writ petition which needs to be enumerated, read hereunder as :-
It is the case of the petitioners that both the petitioners are B.Sc. Trained Science Teachers posted in Middle School Dhanuspuja, Pakur and Middle School Murgadang Hiranpur, Pakur respectively and they were appointed as Science Teacher vide order dated 12.04.1983 and 18.04.1983 respectively they were granted scale of Rs.535/- of Matric untrained scale.
3. In the appointment letters of the petitioners it was clearly mentioned that on and from the date they passed the teachers training examination they will be given the scale of pay and further it is stated that their appointment was made in consonance of letter No.50 dated 20
Vested rights, once conferred, cannot be revoked by subsequent statutory rules applied retroactively, as established by the interpretation of Article 226 and relevant case law.
Vested rights conferred by executive instructions cannot be revoked by subsequent statutory rules with retrospective effect.
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
The main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
All identically situated persons should be treated alike, and not doing so would amount to discrimination and violate Article 14 of the Constitution of India.
Entitlement to TGT scale of pay from the date of acquiring the qualification and the obligation to pay the differential amount within a specified period.
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