- (1.) HEARD learned counsel for the parties.
(2.) BY the impugned order dated 26th September, 2000, the B.Sc. Trained Scale granted to these petitioners have been withdrawn and the amount drawn in excess on account of such grant of B.Sc. Trained Scale has been ordered to be recovered acting upon the decision of the District Education Establishment Committee meeting held on 21st August, 2000. Learned counsel for the petitioners at the outset fairly submits that amongst all the seven petitioners, the petitioner nos. 1, 2 and 7 fall in one category as they were appointed by virtue of resolution dated 18th April, 1988 (Annexure 6) under which the District Education Establishment Committed vide Agenda No. 19 had resolved to appoint B.Sc. Trained candidates falling between serial nos. 1 5, 7 27 and 29 31 in the B.Sc. Trained Scale. These three petitioners as per appointment letters contained at Annexure 4 were also appointed in the category of B.Sc. Trained, but were given the Metric Trained Scale at the time of their appointments on 23rd May, 1988. In their cases, the said anomaly in their scale at the time of appointments i.e. Matric Trained Scale were corrected on their representations by subsequent resolution of the District Education Establishment Committee, Dumka dated 30th October, 1989 and benefits of B.Sc. Trained Scale were granted to them w.e.f. 30th October, 1989 itself. Since the grievance of the petitioners were not fully redressed, again on their representations vide resolution dated 15th January, 1996, the B.Sc. Trained Scale was granted to them with effect from their respective dates of appointment and financial benefits accruing with effect from 1st March, 1989.
(3.) LEARNED counsel for the petitioners submits that it is not in dispute that these petitioners were having the qualification of B.Sc. Trained at the time of their appointment and had also submitted their joining in the respective middle schools on the post of B.Sc. Trained. He further submits that in similar circumstances this Court in the case of Madhab Chandra Mahto Vs. - State of Jharkhand & Ors. in W.P.(S) No. 5134 of 2001 has been pleased to quash the same impugned order dated 26th September, 2000 by a judgment delivered on 18th April, 2013. Since these petitioners fall in same category as the petitioners in other case they also deserve similar treatment and the common impugned order which is assailed by these petitioners also deserves to be quashed in their individual cases.;