Mir Tahir Ansari …. … v. State of Jharkhand Principal Secretary, Human Resource Development Department, Govt. of Jharkhand, Ranchi. Director
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4468 of 2011 Mir Tahir Ansari …. …. Petitioner 1. 2. 3. 4. 5. 6. Versus State of Jharkhand Principal Secretary, Human Resource Development Department, Govt. of Jharkhand, Ranchi. Director, Primary Education, Human Resource Development Department, Govt. of Jharkhand, Ranchi. District Superintendent of Education, Bokaro. Range Education Officer, Peterwar, Bokaro. Head Master cum Drawing Disbursing Officer, Middle School, Madhukarpur, Kasmar, Bokaro. …. … Respondents ------ CORAM : HON’BLE DR. JUSTICE S.N. PATHAK ------ : : ----- For the Petitioner For the Resp-State
Legal Reasoning
Mr. Bhanu Kumar, Advocate Mr. Shubham Gautam, AC to AAG-V 3/ 23.01.2024 Heard the parties. 2. The petitioner has approached this Court with a prayer for quashing of the letter No. 15 dated 1.2.2011 (Annexure-10) whereby a direction has been given by the Range Education Officer, Peterwar (respondent no. 5) to the Head Master cum Drawing and Disbursing Officer, Middle School, Madhukarpur, Kasmar in the district of Bokaro to fix the pay of the petitioner in the untrained pay scale and recover the amount from the salary of the petitioner which he has received in trained pay scale. 3. Brief facts of the case are that the petitioner was appointed as Assistant Teacher in Primary School, Putkadih Block, Peterwar in matric untrained pay scale on compassionate ground vide office order contained in Memo No. 10604 dated 30.8.1991. Pursuant thereto, the petitioner submitted his joining on 7.9.1991 in Middle School, Gangjori, Jaridih, Bokaro, as there was no vacancy in Primary School, Putkadih against which his appointment letter was issued. In view of letter no. 998 dated 7.6.1995 issued by the Director, Primary Education, Bihar, Patna, the petitioner was granted matric trained pay scale i.e. Rs. 1200-2040 vide office order contained in Memo No. 886 dated 18.5.1998. It is further case of the petitioner that after bifurcation of the State of Bihar and after coming into existence of the Jharkhand State, a letter no. 4568 dated 5.7.2002 was issued by the Finance Department, Govt. of Jharkhand whereby it was decided that those untrained 2 Graduate Teachers appointed in the Primary/ Middle School against the post of matric trained are entitled to pay scale of Rs. 4500-7000 with effect from 1.1.1996 notionally and it was actually payable with effect from 15.11.2000. In course of employment, the petitioner possessed the graduation degree in the month of February, 1992. Thereafter, the pay of the petitioner was fixed against matric trained scale as per 5th and 6th PRC. However, the Range Education Officer, Peterwar vide its letter no. 15 dated 1.2.2011 directed to reduce the pay scale of the petitioner from matric trained scale to untrained scale and also to recover the excess amount received by the petitioner in trained pay scale. Challenging the said order dated 1.2.2011, the petitioner has approached this Court. 4. Assailing the impugned order, Mr. Bhanu Kumar, learned counsel appearing for the petitioner submits that the same is not tenable in the eyes of law, inasmuch as, the same has been passed without considering the Circular dated 5.7.2002 issued by the State of Jharkhand. Learned counsel submits that there is no quarrel that the petitioner was I.Sc at the time of appointment on compassionate basis. Subsequently, he obtained the qualification of Graduation in the year 1992 and continued on the post. Placing reliance on the decision of this Court rendered in the case of Niteshwar Prasad Sinha & Ors. Vs. State of Jharkhand & Ors., in W.P.(S) No. 6755 of 2011, learned counsel submits that the teachers who have been appointed on compassionate ground are liable for the same pay scale, which is to be given to the teachers appointed on regular basis. Learned counsel further submits that however, all of a sudden, the respondent authorities have passed the order of recovery from the salary of the petitioner on the ground that he obtained the pay scale of matric trained for which he was not entitled to. Learned counsel submits that the impugned order is contrary to the Circular dated 5.7.2002, which speaks that a decision was taken in view of the order passed by this Court in CWJC No. 495 of 2000 (R) that if an untrained graduate or higher qualification appointed on the post of matric trained, they will be entitled for matric trained scale i.e. in the pay scale of 4500-7000 and after getting training, those teachers will get the same pay scale. Learned counsel submits that in view of the Circular issued by the
Decision
State Government, the impugned order is fit to quashed and set aside. 3 5. On the other hand, Mr. Shubham Gautam, learned counsel appearing for the respondents submits that since the petitioner was not having the requisite qualification at the time of appointment as matric trained, rightly the impugned order was issued. Justifying the impugned order, learned counsel submits that the appointment of the petitioner was on compassionate ground and as such, it was the requirement of law that at the time of initial appointment, the essential qualification ought to have been possessed by the petitioner, which the petitioner was certainly lacking. Learned counsel further submits that merely the petitioner was having the qualification of graduation, he cannot claim the pay scale of matric trained. 6. Having heard the learned counsel for the parties and upon perusal of the records, it appears that at the time of appointment as on 7.9.1991 the petitioner was I.Sc. Admittedly, the petitioner was appointed on compassionate ground. This Court in W.P.(S) No. 6755 of 2011 decided in the case of Niteshwar Prasad Sinha & Ors. Vs. State of Jharkhand & Ors. (supra) has already held that the teachers who have been appointed on compassionate ground are liable for the same pay scale which is to be given to the teachers appointed on regular basis. 7. The petitioner did his graduation in the month of February, 1992. A decision was taken vide letter dated 7.6.1995 issued by the Director, Primary Education, Bihar, Patna that teachers who are graduate or intermediate and working against the post of matric trained, will be entitled the pay scale of matric trained i.e. Rs.1200-2040. In view of such letter dated 7.6.1995, the pay of the petitioner was fixed in the pay scale of matric trained scale. Even after bifurcation of the State, the Government of Jharkhand also issued letter dated 5.7.2002 that those teachers of primary / middle schools having the qualification of graduation who are working against the post of matric trained shall be entitled for the pay scale of Rs. 4500-7000 with effect from 1.1.1996 notionally and actual benefit will be given with effect from 15.1.2000. 8. Admittedly, the petitioner was having the qualification of Intermediate at the time of initial joining and thereafter obtained Graduation degree, he was fully entitled for matric trained scale. The contention of the respondents that merely having the higher qualification of graduation is not sufficient in getting the matric trained scale is contrary to the Circular issued 4 by the Government of Jharkhand dated 5.7.2002 which has been brought on record as Annexure-6 to the writ petition. Moreover, the respondents in the counter affidavit has not denied the verdicts of Circular dated 5.7.2002 and while passing the impugned order, the respondent concerned has not shown any consideration to the circular dated 5.7.2002. The petitioner was appointed on 7.9.1991 and the impugned order has been issued after more than 20 years and on this score also, the impugned order is not sustainable in the eyes of law. 9. As a cumulative effect, the impugned order dated 1.2.2011 (Annexure-10) is hereby quashed and set aside. The recovery, if any, shall be refunded back to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. 10. This writ petition is, accordingly, allowed. R.Kr. (Dr. S.N. Pathak, J.)