VIJAY KUMAR SINGH Vs. JAI DEO BHAGAT

JUDGEMENT

(1.) THESE appeals by the writ petitioners as well as by the State of Bihar have been filed against the order dated 4.7.2001 passed by the learned Single Judge holding that the decision of the Finance Department, Government of Bihar, dated 16.11.2000, Annexure -1 to the CWJC No. 3964 of 2001, providing that fixation of the pay scale on promotion of the Assistant Teachers of the Government taken over schools (hereinafter referred to as the Nationalised Schools) not carrying duties and responsibilities of greater importance than those attaching to the post held by him, shall be governed by Rules 22(l)(a)(2) instead of Rule 22 -C /of the Fundamental Rules (for short, Rules), is valid, but its operation will be prospective and not retrospective and accordingly quashed the direction given in the aforesaid order for recovery of any amount paid in excess in breach of the Rule 22(1)(a)(2) of the Rules.

(2.) THE appellants -writ petitioners are aggrieved by the part of the order by which the learned Single Judge has held that the appellants/ writ petitioners are not entitled to fixation of pay scale in terms of the Rule 22 -C of the Rules, whereas the State of Bihar is aggrieved by the part of the order whereby the learned Single Judge has held that the decision of the Finance Department, Govt. of Bihar dated 16.11.2000 will apply prospectively and not retrospectively.

(3.) ADMITTEDLY , the writ petitioner/ appellants are the Assistant Teachers of the Nationalised Secondary Schools which are under the Administrative Control of the Department of Human Resources Development, Govt of Bihar. The Vth Pay Revision Committee appointed by the State Government recommended for grant of revised pay scales to Government employees. The Finance Department, Govt. of Bihar, vide its resolution dated 18th December, 1989, took a decision with regard to revision of pay scales of the teachers of the Nationalised schools. The revised pay scales were made applicable to all the teachers who were in service on the 1st January, 1986 and to all new appointments or promotions made effective on or after the said date. By the said decision, the State Government also decided that the provision under the Central Government regarding training, eligibility for appointment and promotion and other service conditions will be made applicable to them as far as possible. Clause 13 of the aforesaid resolution laid down the principles of fixation of pay in the revised pay scales in case of promotion etc. The fixation of pay scale with regard to promotion has been dealt with under Clause 13(vii)of the said resolution. According to the said provision, the existing procedure of fixation of pay on promotion will cease to be applicable to the teachers in the Revised pay scales with effect from 1st January, 1986. In their case the pay fixation on promotion shall be governed by Rule 22 -C of the Fundamental Rules and instructions issued by the Central Government for their teachers from time to time. The fixation of pay on promotion referred to in sub -paragraphs (ii), (iii), (iv) and (v) under the aforesaid Clause shall also be governed by those provisions.