Jharkhand High Court
Shiv Shankar Jha vs The State Of Jharkhand on 10 February, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.3611 of 2003
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1. Shiv Shankar Jha
2. Vishwa Nath Pandit
3. Md. Abbash Ali
4. Dikshit Kumar Sarkar
5. Bhawani Devi
6. Md. Minnata Ali
7. Md. Hasan Ali
8. Deonarayan Thakur ... ... Petitioners
Versus
1. The State of Jharkhand.
2. The Regional Deputy Director of Education, Santhal
Pargana Division, Dumka.
3. The District Superintendent of Education, Pakur
4. The District Superintendent of Education, Sahibganj.
... ... Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner Nos.1-7 :Mr. Aashish Kumar, Adv.
For the Petitioner No.8 : Mr. Dayal Saha, adv.
For the Res.State : Mr. Awanish Shekhar, Adv.
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10/10.02.2021
Heard learned counsel for the parties through
V.C.
2. The instant writ application has been preferred
by the petitioners for following reliefs:-
(i) Issuance of an appropriate writ/writs, order/orders,
direction/directions for quashing the order as contained in Memo
No.2232/Sahibganj dated 19.09.2002 (Annexure-5) passed by the
District Superintendent of Education, Sahibganj whereby and
whereunder the salary of the petitioners along with others was
reverted to the scale of Matric Trained Teachers from I.A. Trained
Teachers and orders were passed for preparing the details of excess
salary drawn by the petitioners along with others, which was sought
to be recovered.
(ii) Issuance of an appropriate writ/writs, order/orders,
direction/directions for quashing the order as contained in Memo
No.520/Pakur dated 10.05.2003 (Annexure-7) whereby and
whereunder the District Superintendent of Education-cum-Block
Education Officer, Pakur cancelled the Inter Trained Pay scale of the
petitioners along with others and ordered for recovery of excess
amount drawn by the petitioners, read with Memo No.578/Pakur camp
dated 3.6.2003 (Annexure-8) whereby and whereunder the Regional
Deputy Director of Education, Santhal Pargana Division, Dumka
included the name of the petitioner no.7 Md. Hasan Ali within the
purview of abovementioned impugned order as contained in Memo
No.520/Pakur dated 10.05.2003 as his name was left out.
(iii) Issuance of an appropriate writ/writs, order/orders,
direction/directions, commanding the respondents to release the
present and future salary of the petitioners without any deductions on
account of alleged recovery of excess amount drawn by them.
(iv) Issuance of an appropriate writ/writs, order/orders,
direction/directions commanding the respondents to complete the
process of promotion of I.A. Trained/Matric Trained pay Scale Teachers
to the post of B.A. Trained Pay Scale Teachers in various schools of the
District of Pakur after considering the name of the petitioners for the
said promotion.
3. Mr. Aashish Kumar, learned counsel for the
petitioner nos.1-7 submits that the same impugned order
has already been quashed and set-aside by this Court in
W.P.(S) No.2352 of 2003; as such, similar order may be
passed in the instant case.
4. Learned counsel for the petitioner no.8 also
adopts the contention advanced by Mr. Aashish Kumar,
learned counsel for the petitioner nos.1-7.
5. Learned counsel for the respondent-State fairly
admits that the same impugned order has been quashed in
the case of Tej Narayan Bhagat & Ors. Vs. State of
Jharkhand & Ors. [W.P. (S) No.2351 of 2003] as such
similar order may be passed.
6. For better appreciation of the case, paragraph
no.3 of the aforesaid judgment is quoted herein-below:-
"3. Having heard learned counsels for both the
sides and looking to the facts and circumstances
of the case, I hereby quash and set aside the
order passed by respondent no.7 dated 19th
September, 2002 at Annexure-7 to the memo of
the petition, for the following facts and reasons:-
(i) it appears that the present petitioners
were appointed as a Teacher in the year
1978 and 1979 thereafter, they were given
Intermediate Trained Scale vide order at
Annexure-5 dated 19th November, 1987 with
retrospective effect i.e. with effect from 1st
April 1981.
(ii) It also appears that thereafter, the
present petitioners have worked on the said
posts on the same scale for much longer
period to the satisfaction of the respondents.
Never any notice, never any memo, never
any departmental proceedings have been
issued or initiated against the present
petitioners. Spotless are the careers of the
present petitioners.
(iii) it appears that abruptly an order has
been passed at Annexure-7 by respondent
no.7 dated 19th September, 2002 that the
Intermediate Trained Scale was wrongly
given in the year 1987. There are certain
reasons stated in the impugned order, but, it
appears that no notice, no hearing was ever
given to the petitioners, prior to passing the
order at Annexure-7. Once, there is a benefit
accrued in favour of the petitioners or if there
is any vested right in the petitioners which is
to be taken away, subsequently, at least
principles of natural justice ought to have
been followed. The respondent no.7 could
have issued a notice and could have waited
for a couple of days more before passing an
order at Annexure-7. Had an opportunity of
being heard been given to the petitioners,
they would have pointed out the correct facts
in their favour. It is admitted fact that no
hearing was given to the petitioners nor any
notice was given to the petitioners.
(iv) Learned counsel for the petitioners has
also relied upon the following decisions and
submitted that the benefit which is given of
higher pay scale of Intermediate Trained
Scale cannot be withdrawn after such a long
lapse of time:- (i) in a case of Papsu Road
Transport Corporation Vs. Lachhman Das
Gupta & others as reported in 2001(2)JCR
467 (SC), (ii) in a case of Teres Ekka Vs.
State of Jharkhand & Ors. as reported in
2007(2)JLJR 41, and (iii) Nar Singh Pal Vs.
Union of India & others as reported in
2000(3) SCC 588. In view of these decisions
also, the order passed at Annexure-7,
deserves to be quashed and set aside."
7. Having regard the admitted facts and joint
submissions of the rival parties and also in view of the
aforesaid judgment; the impugned order as contained in
Memo No.2232/Sahibganj dated 19.09.2002 (Annexure-5)
passed by the District Superintendent of Education,
Sahibganj is, hereby, quashed and set aside.
8. Consequently, the instant writ application
stands allowed.
(Deepak Roshan, J.)
Fahim/-
