- (1.) Heard Counsel for the parties.
(2.) Challenge in this writ application is to the order dated 02.09.2004 issued under the signature of District Superintendent of Education, Ranchi (Respondent No. 6) whereby, it was ordered to recover the purported excess paid salary from the petitioner, on the ground that the fixation of salary on the Matric Trained Scale on 12.01.1976 and the subsequent fixation on higher scale including Graduate Trained Scale, was erroneous and not in consonance with the Rules and the petitioner was not entitled to such higher scales since her position in the gradation list was much below than the other teachers.
(3.) The case of the petitioner is that she had passed her matriculation examination in the year 1971. She appeared at the test conducted by the respondents for the post of Primary Teachers and upon her being considered successful, she was given letter of appointment and on the basis of which, she joined service on the post of Primary Teacher on 12.01.1976. Upon her completing Teachers' Training, she was given the Matric Trained Scale of Rs. 230-280/- with effect from 13.01.1977. After 10 years of continuous service, she was given the first time bound promotion and the corresponding higher pay scales of Rs. 680-965/- with effect from 13.12.1988. The grant of first time bound promotion and fixation of the corresponding pay scale, was based on the proper verification of the petitioner's service records and upon approval of the Finance Department. The petitioner in the meantime, had completed her graduation in 1985 and by the order of the District Superintendent of Education, she was given the Graduate Trained Scale of Rs. 1640-2900/- with effect from 1.4.1988. The recognition of the Graduate Trained Scale was made and given to the petitioner on considering the fact that she was M.A. Trained and was working on the sanctioned and vacant post of graduate Trained Teachers, and since there was no teacher available in Grade-II and III, her services in the Graduate Trained Scale was confirmed by the then District Superintendent of Education, Ranchi vide his order dated 16.03.2001 and the same was entered into her service book.;