The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1153 of 2023 -- 1. Suman Kumar Jha, Aged about 52 years, Son of Late Jatadhar Jha, Resident of Patel Nagar, Sihodih, P.O.: Sirsia, P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Baghra, P.O.: Maheshmunda, P.S.: Bengabad, District: Giridih. 2.Manoj Kumar, Aged about 55 years, Son of Sri Radhakrishna Singh, Resident of Village: Kargalikala, P.O.: Kubri, P.S.: Dhanwar, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded High School, Dhanaidih, P.O.: Senadoni, P.S. & District: Giridih. 3.Binod Kumar, Aged about 55 years, Son of Sri Shiv Nandan Prasad Sharma, Resident of Village: Pandari, P.O. & P.S.: Taratand, District: Giridih, presently posted & working as Assistant Teacher, Govt. Primary School, Mangrodih, P.O.: Dandidih, P.S.: Giridih (Muffasil), District: Giridih. 4.Reeta Kumari, Aged about 55 years, Wife of Sri Ashok Kumar Prasad, Resident of Barganda, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Sihodih, P.O.: Sirsia, P.S.: Giridih(M), District: Giridih. 5.Dinesh Kumar, Aged about 59 years, Son of Sri Ramdas Lal, Resident of High School Road, Pachamba, P.O. & P.S.: Pachamba, District: Giridih, presently posted & working as Assistant Teacher. Govt. Upgraded Middle School, Chunglo, P.O.: Gadi Srirampur, P.S. & District: Giridih. 6.Ramchandra Prasad Yadav, Aged about 56 years, Son of Sri Babulal Mahto, Resident of Village: Kurumdiha, P.O.: Charghra, P.S.: Jamua, District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School, Balgo, P.O.: Balgo, P.S.: Jamua, District: Giridih. 7.Arvind Kumar, Aged about 57 years, Son of Sri Dasharath Ram, Resident of Village: Taratand, P.O. & P.S.: Khukhra, District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School, Karnpura, P.O. Kumharlalo, P.S. Pirtand, District: Giridih. 8.Sunil Kumar. Aged about 54 years, Son of Sri Janardan Prasad Singh, Resident of Kalika Gunj Colony, P.O. Sirsia, P.S. Giridih(M), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Udnabad, P.O.: Udnabad, P.S.: Giridih (M), District: Giridih 9. Bharti Kumari, Aged about 56 years, Wife of Sri Samir Kumar, Resident of Power House Road, Barganda, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Baxidih, P.O.: Chaitadih, P.S.: Pachamba, District: Giridih. 10.Sabita Kumari, Aged about 52 years, Wife of Sri Shreshtha, Resident of Flat No. 3H, Bajrang Tower, Power House Road, Barganda, P.O. & P.S.: Giridih, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded 1 Middle School, Mohanpur, P.O.: Udnabad, P.S.: Giridih(M), District: Giridih
Legal Reasoning
11.Kalawati Kumari, Aged about 56 years, Wife of Sri Binod Kumar, Resident of Village: Agdoni Kala, P.O.:Baniadih, P.S.: Giridih(M), District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School, Baniadih, P.O.: Baniadih, P.S.: Giridih(M), District: Giridih 12.Awadh Kishor Choudhary, Aged about 57 years, Son of Sri Vishnudeo Choudhary, Resident of Krishnanagar, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Gadi, P.O.: Sanadoni, P.S.: Giridih (M), District: Giridih. 13.Mritunjay Kumar, Aged about 53 years, Son of Sri Rambilas Prasad Singh, Resident of Behind Carmel School, Krishnanagar, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Berdonga, P.O.: Palmo, P.S.: Giridih(M), District: Giridih. 14.Chhotelal Sharma, Aged about 56 years, Son of Late Hari Mistari, Resident of Tundi Road, Mohanpur, P.O.: Udnabad, P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Harsingraidih, P.O.: Budiyadih, P.S. & District: Giridih. 15.Alakh Lal, Aged about 51 years, Son of Sri Ajab Lal Ram, Resident of Behind Old Rajdoot Showroom, At: Shakti Nagar, P.O.: Giridih, P.S.: Giridih(T), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded High School, Kabariyabeda, P.O.: Kumharlalo, P.S.: Pirtand, District: Giridih. 16.Rekha Kumari, Aged about 54 years, Wife of Sri Pradeep Kumar, Resident of Village: Belatand, P.O.: Baddiha, P.S.: Giridih(M), District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School, Baddiha, Ρ.Ο.: Baddiha, P.S.: Giridih (M), District: Giridih. 17.Ramesh Kumar, Aged about 52 years, Son of Late Banwari Ram, Resident of Village Kalyandih, P.O.: Handadih, P.S.: Pachamba District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Sundartand, P.O.: Handadih, P.S. Pachamba, District: Giridih. 18.Sudhir Kumar Singh, Aged about 58 years, Son of Sri Baleshwar Singh, Resident of Village Sheetalpur, P.O.: Sirsiya, P.S.: Giridih(M District: Giridih, presently posted & working as Assistant Teacher, Govt. Middile School, Matrukha, P.O.: Matrukha. P.S.: Giridih(M), District: Giridih 19.Shyamanand Singh, Aged about 56 years, Son of Late Arjun Singh, Resident of Deonagar, P.O.. P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Ghorchanchi, P.O.: Kumharlalo, P.S.: Pirtand, District: Giridih. 20.Ajay Kumar Verma, Aged about 53 years, Son of Sri Madhu Sudan Mahto, Resident of Village & P.O.: Manikbad, P.S.: Deori, District: Giridih, presently posted & working as 2 Assistant Teacher, Govt. Primary School, Gamtriya, P.O.: Badiyabad, P.S.: Bengabad, District: Giridih. 21.Ravindra Kumar, Aged about 51 years, Son of Sri Dwarika Singh, Resident of Village: Manjhlitand, P.O.: Mandramo, P.S.: Suriya, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Manjhladih, P.O.: Chalmobarahmsiya, P.S.: Dumri, District: Giridih. 22.Usha Barnwal, Aged about 52 years, Wife of Ajay Kumar Barnwal, Resident of Mayaram Tola, P.O.: Rajdhanwar, P.S.: Dhanwar District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School, Dhanwar (Boys), P.O.: Rajdhanwar, P.S.: Giridih. Dhanwar, District: Giridih 23.Sushil Kumar Ojha, Aged about 56 years, Son of Sri Bishun Ojha, Resident of Patelnagar, Sihodih, P.O.: Sirsiya, P.S.: Giridih (M), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Ghorbad, P.O.: Kumharlalo, P.S.: Pirtand, District: Giridih. 24.Pranay Kumar Mishra, Aged about 54 years, Son of Sri Murli Mohan Mishra, Resident of Baxidih Road, P.O.: Head Post Office, Giridih, P.S.; Giridih(T), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Amjo, P.O.& P.S.: Bengabad, District: Giridih. 25.Bijay Kumar Singh, Aged about 55 years, Son of Sri Baleshwar Singh, Resident of Near Carmel School, Krishnanagar, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Nehru Middle School, District: Giridih. 26.Nisha, Aged about 55 years, Wife of Sri Dilip Kumar Gupta, Resident of Tiranga Chowk, Tundi Road, P.O.: Giridih, P.S.: Giridih(T), District: Giridih, presently posted & working as Assistant Teacher, Govt. Primary School, Barmasiya, P.O.: Giridih, P.S.: Giridih(T), District: Giridih. 27.Shrikant Pandey, Aged about 54 years, Son of Late Govind Pandey, Resident of Village & P.O.:Janta Jaridih, P.S.: Birni, District: Giridih, presently posted & working as Assistant Teacher, Govt. Kamla Nehru Middle School, Giridih, P.O., P.S. & District: Giridih. 28.Umesh Prasad Singh, Aged about 57 years, Son of Sri Arjun Prasad Singh, Resident of Near Atal Smriti Children Park, Shastri Nagar, P.O.: Giridih, P.S.: Giridih(T), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Bariyarpur- 1, P.O.: Tiklaro, P.S.: Bengabad, District: Giridih. 29.Ratan Prasad Singh, Aged about 52 years, Son of Late Banke Bihari Singh, Resident of Shastri Nagar, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Hajaribad, P.O.: Gadi Srirampur, P.S.: Giridih(M), District: Giridih. 30.Barun Roy, Aged about 47 years, Son of Sri Narayan Ray. Resident of Village: Karitand, P.O.: Doranda, P.S.: Dhanwar, District: Giridih, presently posted & working as Assistant 3 Teacher, Govt. Upgraded Middle School, Bishunpur, P.O.: Khouri Mahua, P.S.: Dhanwar, District: Giridih. 31.Kalpana Kumari Prasad, Aged about 56 years, Wife of Sri Anjani Kumar Sinha, Resident of Metros Gali, Near Power House, P.O.: Barganda, P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Nehru Middle School, P.O., P.S. & District: Giridih. 32.Mira Kumari, Aged about 54 years, Wife of Sri Mahendra Prasad Rajak, Resident of J. P. Nagar, Karbala Road, At, P.O. & P.S. District: Giridigh, presently posted & working as Assistant Teacher, Govt. Primary School, Bhuiyan Tola, Dhariyadih, P.O. & P.S: Giridih, District: Giridih. 33.Digambar Prasad Diwakar. Aged about 51 years, Son of Sri Basudeo Prasad Verma, Resident of Dhurgadgi, P.O. Tara, P.S. Jamua, District: Giridih, presently posted & working as Assistant Teacher, Govt. Primary School, Lagthahi, P.O. Motileda, P.S.: Bengabad, District: Giridih. 34.Rajendra Prasad Ram, Aged about 53 years, Son of Sri Chintamani Das, Resident of Village & P.O.: Akdoni Kala, P.S.: Giridih(M), District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Bharti Chalkari, P.O., P.S. & District: Giridih. 35.Ram Prakash Verma, Aged about 53 years, Son of Sri Hemchandra Mahto, Resident of Shastri Nagar, Giridih, P.O., P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Kirtanyadih, P.O.: Berhabad, P.S.: Jamua, District: Giridih. 36.Devendra Prasad Verma, Aged about 51 years, Son of Late Bhushan Mahto, Resident of Village: Jorasankh, P.O.: Jeruwadih, P.S.: Jamua, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Madhawa, P.O.: Balgo, P.S.: Jamua, District: Giridih. 37.Ravishankar Singh, Aged about 56 years, Son of Raghuveer Singh, Resident of Vigyan Vihar Colony, P.O.: Kalyanpur, P.S.: Barbaadda, District: Dhanbad, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Madhupur, Ρ.Ο.: Galagi, P.S.: Nimiyanghat, District: Giridih. 38.Shiv Shankar Rajak, Aged about 54 years, Son of Sri Narayan Baitha, Resident of Diamond City, Sirsia, P.O.: Sirsia. P.S. District: Giridih, presently posted & working as Assistant P.O.: Teacher, Govt. Middle Maheshmunda, P.S.: Bengabad, District: Giridih. School, Chakardaha, 39.Ashok Turi, Aged about 51 years, Son of Sri Paran Turi, Resident of Village: Maheshlundi, P.O.: Karharbari, P.S. & District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded High School, Bandarkuppi, P.O. Palmo, P.S & District: Giridih. 40.Sunil Kumar Choudhary, Aged about 55 years, Son of Sri Chintamani Choudhary, Resident of Village: Sindbariya, P.S.: Leda, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Jaynagar, 4 (Madhuwan), P.S.: Madhuwan, District: P.O.: Shikharji Giridih. 41. Sarkar Murmu, Aged about 56 years, Son of Sri Mangra Murmu, Resident of Village: Jabardaha. P.O.: Harladih, P.S. Khukhara-Pirtand, District Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded High School, Jabardaha. P.O. Harladih, P.S.: Khukhara- Pirtand, District: Giridih. 42.Rita, Aged about 56 years. Wife of Sri Sadanandram Bhadani, Resident of Ganga Vihar Colony, Isri Bazar, P.O. Isri Bazar, P.S.: Nimiyanghat, District: Giridih, presently posted & working as Assistant Teacher, Govt. Middle School (Kanya), Isri Bazar, P.O.: Isri Bazar, P.S.: Nimiyanghat, District: Giridih. 43.Kamta Prasad, Aged about 50 years, Son of Late Ramdhani Prasad, Resident of Village & P.O.: Jamtara, P.S.: Dumari, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Bariyarpur, P.O.: Dhawatand, P.S.: Madhuwan, District: Giridih. 44.Ashok Kumar Sharma, Aged about 49 years, Son of Late Bhagirath Ram, Resident of Village: Shantinagar, P.O. & P.S.: Pachamba, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded Middle School, Jaridih (Dumma), P.O.: Dumma, P.S.: Jamua, District: Giridih 45.Baburam Murmu, Aged about 52 years, Son of Chunnu Murmu, Resident of Village: Jamnichuwan, P.O.: Khukhra, P.S.: Pirtand, District: Giridih, presently posted & working as Assistant Teacher, Govt. Upgraded High School, Mandarodih, P.O. Dandidih, P.S.: Giridih(M), District: Giridih. ...........Petitioners Versus 1. The State of Jharkhand, through the Secretary, School, Education & Literacy Department, Govt. of Jharkhand, Ranchi, At Project Building Dhurwa, P.O & P.S.: Dhurwa, District Ranchi 2. The Director, Directorate of Primary Education, School Education & Literacy Department, Govt. Jharkhand, Ranchi, At: Project Building, Dhurwa. P.O. & P.S.: Dhurwa, District: Ranchi. 3. The District Superintendent of Education, Giridih, P.O. + P.S.: Giridih, District: Giridih. ........ Respondents .... CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner : Mr. Amit Kumar Tiwary, Advocate For the Respondents: A.C to AAG-IA -- 5 05/25.09.2024 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners praying therein for quashing of Memo no. 1292 dated 30.09.2022 issued by the District Superintendent of Education, Giridih; whereby it has been directed that the teachers upon grant of Grade-4 and Grade-7 promotion only, the pay fixation is to be done, in terms of F.R. 22(1)(a)(1) and the benefit shall be given and so far as promotion in Grade-2, Grade-3, Grade-5, Grade-6 & Grade- 7 to Grade-8 shall be given as per F.R. 22(1)(a)(2), as provided under Promotion Rules, 1993 and the instruction of Finance Department vide Memo dated 11.07.2019 and accordingly fixation of petitioners’ pay scale has been struck off/downgraded. 3. The brief facts of the case as appears from the writ application are that the petitioners have been appointed as Assistant Teachers in the year 2004 in the district of Giridih and after completion of 12 years they have been given Grade-2 pay scale and accordingly the fixation of the petitioners’ pay has taken place as per the provisions of 7th Pay Revision Committee vide Memo no. 217/F dated 18.01.2017. Thereafter petitioners were financially upgraded after 12 years of service on January, February and May and the department gave the increment on the 1st of January every year. The fixation was done in the year 2016 and 2017 and was approved by the Finance Department, District Account Officer and the District Superintendent of Education. Thereafter one Anand Pd. Thakur retired and his pension papers were returned by the Accountant General with objection and on that basis the DSE, Giridih vide memo no. 1292 dated 30.09.2022 directed that upon promotion in Grade-2 no increment shall be given and service book and Pay Fixation letter of the petitioners be 6 deposited in the office so that it can be rectified, accordingly further letter dated 16.11.2022 was issued to all DDO. Consequently, vide memo no. 1210 dated 22.12.2022, the Block Education Extension Officer, Pirtanr stopped the salary of December 2022 of some petitioners as their service books were not provided in the office. The petitioners filed representation stating that the petitioners’ pay has been fixed as per clause-10 of 7th PRC Circular, not as per F.R. (22)(1)(a)(1) and 22(1)(a)(2) and thus a stand taken by Annexure-3 and 4 is misconceived which was not considered and recovery has been made of the excess amount and refixation done , hence this writ application. 4. Learned counsel for the petitioners submits that even assuming that a wrong pay fixation has been done in favour of the petitioners by the respondents, but the law does not permit the respondents to recover the amount and that too without any show-cause notice. It has been held in catena of judgments that if there is no fault on the part of the employees the recovery cannot be made without any show-cause notice and in the instant case admittedly no show-cause notice was issued and the impugned order (Annexure-3) of the main writ application and Annexure-9 of the Interlocutory Application have been issued; as such, learned counsel for the petitioners prays that the impugned order may be quashed and set aside. The respondents be directed to refund the recovered amount and also pay the original amount what they were getting. 5. Learned counsel for the respondents submits that from the record, it does not transpire that any show- cause notice was issued to the petitioners; as such, on that issue she cannot defend the impugned order, but she 7 further contended that if a wrong fixation has been done in case of any person; then the State has every right to correct the same; as such, the instant writ application
Decision
may be disposed of by giving liberty to the respondents to initiate a proper proceeding for recovery of the amount and giving adequate opportunity. 6. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits, it is an admitted case that Annexure- 3 dated 30.09.2022 and Annexure-9 dated 29.04.2023 of I.A. No. 5574 of 2023 have been issued without giving any notice whatsoever to the petitioners and it has been submitted by learned counsel for the petitioners that even recovery of the amount has been made. Now, the law is no more res integra; inasmuch as if there is no fault or if no fraud or misrepresentation has been done by the employee in getting any of the pay scale; then the respondents would not be entitled to recover the said amount without following the procedure of principles of natural justice. 7. Having regard to the aforesaid circumstances, the impugned orders dated 30.09.2022 and 29.04.2023 (I.A. No. 5574 of 2023) are quashed and set aside. The amount if already recovered by the respondents, shall be refunded to the petitioners; however, the respondent would be at liberty to issue notice to the respective petitioners before making any revision after giving proper opportunity of hearing. 8. As a result, the instant writ application stands allowed. Jk (Deepak Roshan, J.) 8