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2024 Supreme(Jhk) 55
IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD, HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
Damyanti Sharma, wife of Sri Laljee Sharma - Petitioner
Versus
State of Jharkhand through its Chief Secretary and ors. - Respondents
W.P.(S) No.1144 of 2012
Decided On : 24-01-2024
Advocate Appeared:
For the Petitioner:Mr. Rupesh Singh, Advocate, Mr. Amrendra Pradhan, Advocate
For the Respondent: Mr. Rahul Saboo, G.P.-II Mr. Abhilash Kumar, AC to GP-II
IMPORTANT POINT
Vested rights conferred by executive instructions cannot be revoked by subsequent statutory rules with retrospective effect.
Headnote:
[Writ Petition] - [Cancellation of Pay Scale] - [Article 226 of the Constitution of India, Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993] - [The court examined the legality of the cancellation of the B.Sc. Trained Scale granted to the petitioner, emphasizing that once a right has been conferred based on executive instructions, it cannot be revoked by subsequent statutory rules. The court interpreted the provisions of Article 166(3) and Rule 15 of the Rules, 1993, affirming that vested rights cannot be taken away retrospectively. The decision was influenced by precedents that established the protection of accrued rights against retrospective application of new rules.]
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 :-
It is the case of the petitioner that by an office order issued under Memo No. 895 dated 21st February 1983, the petitioner along with others were appointed on the post of Science Teacher in B. Sc. Untrained scale of Rs.680-995. The name of the petitioner figures at serial no. 2 of the said appointment letter for Middle School Bhuiyadih, Jamshedpur.
3. Accordingly, on 9th March 1983, the petitioner joined on the post of Science Teacher (trained) in Middle School, Bhuiyadih, Jamshedpur.
4. Thereafter, by an office order issued under Memo No. 3956 dated 7th October, 1987, the respondent no. 3 granted the B. Sc. Trained scale of Rs.730-1080 to the petitioner with effect from 03.01.1984, i.e. from the date of issuance of B. Ed. Certificate.
5. A gradation list of B. Sc. Trained Teachers was prepared by a Committee consisting of District Superintendent of Education, Singhbhum, District Superintendent of Education, Jamshedpur and Deputy Development Commissioner, Singhbhum. Thereafter, by letter no. 2421 dated 18th May 1987, the said gradation list of B. Sc. Trained Teachers was approved by the Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi and communicated to the respondent No.3. In that list the name of the petitioner figures at serial no. 30.
6. Thereafter, by an office order issued under Memo No. 4522 dated 8th April 1991, in compliance to the direction as contained in judgment dated 18.01.1991 rendered in CWJC No. 837 of 1990(R), the respondent no. 3 granted B. Sc. Trained scale of Rs.1640-2900 to as many as 24 teachers including the petitioner. The name of the petitioner figures at serial no. 16 of the said list.
7. The fact with regard to grant of B. Sc. Trained Scale vide Office Order dated 8th April 1991 has also been entered into service book of the petitioner.
8. Thereafter, in view of Resolution No. 660 and letter dated 18th April 2009 issued by the Finance Department and by Office Order No. 1460 dated 01.08.2009 the petitioner has been granted senior scale of pay of Rs.6500-10,500. This fact has also been entered into service book of the petitioner on 03.12.2009.
9. The aforesaid senior scale of pay of Rs.6500-10,500 was also approved by the concerned authority being District Accounts Officer, East Singhbhum, Jamshedpur on behalf of the Finance Department.
10. It is the case of the petitioner that Resolution No. 6022 dated 18.12.1989 inter alia, provides that the teachers obtaining training up-to 31.12.1985 would be entitled to pay scale of Rs.1640-2900 and the teachers obtaining training after 31st December 1985 would be entitled to pay scale of Rs.1200-2040.
11. It is the further case of the petitioner that a series of writ petitions were preferred by some of the Science Teachers challenging the Office Order issued under Memo No. 1387 dated 01.09.1999 whereby the B. Sc. Trained scale given to them was cancelled on the ground that at the time of their appointment they were not the trained teachers rather they were possessing the qualification of B.Sc. Untrained. The aforesaid writ petition being CWJC No. 2521 of 2000(R) with analogo
