REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 3351-3354 OF 2003

Syed Abdul Qadir & Ors.

….. Appellants

Vs.

State of Bihar & Ors. ….. Respondents

WITH

CIVIL APPEAL NO. 3355 of 2003

&

CIVIL APPEAL NO.3364 OF 2003

J U D G M E N T

B.N. AGRAWAL,J.

1.

These appeals by special leave are directed against the common judgment of

Patna High Court whereby a Division Bench of that Court dismissed letters patent

appeals preferred by the appellants herein against that part of the judgment of the

learned Single Judge in which it was decided that Office Order dated 16.11.2000

issued by the Finance Department, Government of Bihar, providing that fixation

of pay scale on promotion of Assistant Teachers of the Government taken over

Schools [the Nationalised Schools] in the State of Bihar shall be governed by

Fundamental Rule 22(1)(a)(2) [FR.22(I)(a)(2)] instead of Fundamental Rule 22-C

[FR.22-C], was valid. By the same judgment, the Division Bench allowed letters

patent appeals preferred by the State of Bihar and set aside that part of judgment

of the learned Single Judge whereby it was decided that Office Order dated

16.11.2000 would apply prospectively and not retrospectively and that recovery of

the amount paid in excess in breach of FR.22(I)(a)(2) from the appellants was not

to be made. While setting aside the judgment of the learned Single Judge and

holding that, since Office Order dated 16.11.2000 only reiterated that the amended

provisions of FR.22-C would apply and not FR.22-C, the question of its

applicability with retrospective or prospective effect did not arise, the Division

Bench directed that the excess amount paid to the employees be recovered without

interest in at least 50 instalments provided such an employee had the tenure of 50

months or more so that such an employee did not suffer unnecessary brunt of a cut

in the salary.

2.

While Civil Appeal Nos. 3351-54 and 3364 have been preferred by the

aggrieved Assistant Teachers of the Nationalised Schools, Civil Appeal No. 3355 has

been preferred by the Bihar Secondary Teachers Association.

3.

We now proceed to the facts relevant for the disposal of these appeals. The

appellants herein are the Assistant Teachers of the Nationalised Schools in the State

of Bihar, administrative control of which lies with the Department of Human

Resource Development, Government of Bihar. Exercising powers under Section 9 of

the Bihar Non-Government Secondary School [Take Over of Management and

Control] Act, 1981, the State Government vide Notification No. 12/B 8-760/75-398

dated 9^th June, 1983 framed Bihar Nationalised Secondary School [Service

Condition] Rules, 1983 [hereinafter referred to as `the 1983 Rules’] and under rule

3 of the 1983 Rules, the secondary school teachers of the Nationalised Schools were

categorised. The hierarchy of promotion of these teachers was from the post of

Assistant Teacher [Junior Grade] to the post of Assistant Teacher [Subordinate

Grade], then to the post Assistant Teachers [Selection Grade] and finally to the post

of Head Master, which was the highest promotional post. Rule 17 of the 1983 Rules

provided that the pay scale of the teachers of the Nationalised Secondary Schools

would be determined as per Bihar Service Code and Rules issued by the State

Government from time to time. At that point of time, the time scale of these

teachers was regulated under Rule 78 of the Bihar Service Code. In order to remove

anomaly in the pay scales of teachers of the Nationalised Schools in the State of

Bihar and in terms of Bipartite Agreement entered into between the State

Government on the one hand and Secondary School Teachers Association and other

Unions on the other, the Finance Department, Government of Bihar, vide its

Resolution dated 18^th December, 1989 took a decision with regard to revision of pay

scales of teacher