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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Damyanti Sharma, wife of Sri Laljee Sharma – Appellant
Versus
State of Jharkhand through its Chief Secretary – Respondent
ORDER :
1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder the direction has been sought for quashing the office order as contained in Memo No.3667 dated 22.12.2011 issued under the signature of the Respondent No.3 whereunder the B.Sc. Trained Scale of Rs.1640-2900 granted to the petitioner with effect from 01.05.1991 vide office order dated 08.04.1991 has been cancelled.
Further prayer has been made to declare and hold the petitioner entitled for B.Sc. Trained Scale of Rs.850 – 1360/- from the date of passing B.Ed examination which benefit has been provided to the similarly situated teachers including the teachers in W.P.(S) No.1555 of 2003, i.e., Arbind Bhushan Dey and Ors. v. State of Jharkhand and Ors.
2. The brief facts of the case as per the pleadings made in the writ petition which needs to be enumerated, read hereunder as :-
Vested rights conferred by executive instructions cannot be revoked by subsequent statutory rules with retrospective effect.
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.
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....
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.
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.
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
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