- (1.) Heard learned counsel for the parties. These petitioners are aggrieved by part of the common impugned order (Annexure-10) in all these respective writ petitions contained in different Memo Nos. dated 19th March, 2009, issued under the signature of Deputy Development Commissioner, Deoghar-cum-Member District Education Establishment Committee, Deoghar as also under the signature of District Superintendent of Education, Deoghar. By the impugned order, the petitioners, on the one hand, were promoted to the post of Headmasters i.e. Grade-VII of Bihar Taken Over Elementary School Teachers' Promotion Rules, 1993 (hereinafter referred to as the Rules of 1993) from the effective dates of their joining. However, by part of the same order, the dates of grant of B.Sc. Untrained Scale i.e. 1st September, 1982, has been cancelled and they have been treated to be in the Metric Untrained Scale from the date of their appointment. Similarly, the dates of grant of B.Sc. Trained Scale in each individual petitioners' case upon acquisition of such Teachers' Training Qualification has been cancelled and has been reckoned 8 years from the date, of acquisition of such qualification in each individual cases. By canceling the aforesaid grant of B.Sc. Untrained Scale and B.Sc. Trained Scale from the said dates and making it effective from a subsequent date, the respondents authorities have directed for recovery of the amount paid in excess on account of such pay fixation done in individual cases of each of these petitioners at the relevant point of time. The petitioners obviously are aggrieved by this part of the order.
(2.) The necessary relevant details of appointments of these petitioners in respective writ petitions, the dates of completion of B.Ed. Teachers' Training Course in individual cases, the respective dates of orders by which they were granted B.Sc. Trained Scale from the dates of acquisition of such teachers training qualification are being furnished hereunder in the form of tabular chart for better appreciation.
(3.) According to the learned senior counsel for the petitioners, the impugned orders primarily are being challenged on two specific grounds:-- (i) that after grant of such B.Sc. Untrained and B.Sc. Trained Scale sometimes in the year 1980 after almost 22-27 years in each individual case respectively, the order for recovery is wholly bad in law and are arbitrary, which cannot be sustained. Learned Senior Counsel for the petitioners has relied upon a judgment of Division Bench of this Court in the case of State of Jharkhand through Director General of Police, Jharkhand, Ranchi & Ors v. Thakur Ajit Kumar & Ors., 2009 3 JLJR 435 paras 6 & 7 thereof. (ii) Learned senior counsel has further assailed the impugned order which adversely affects them on the grounds that shifting of the respective dates of grant of B.Sc. Untrained and B.Sc. Trained Scale in each individual cases have been apparently done on the basis of 1993 Rules, which cannot be said to have retrospective effect and at the same time, cannot take away the rights already vested in these writ petitioners. In support of the aforesaid contention, learned senior counsel for the petitioners has relied upon a judgment rendered in the case of Arbind Bhushan Dey & Others v. State of Jharkhand & Others, 2009 1 JLJR 338 and analogous cases dated 5th December, 2008 reported in : . Learned senior counsel for the petitioners submits that in the said judgment which has also been followed in successive judgment rendered by this Court, it has been held that the Rule of 1993 cannot take away the vested rights granted to such teachers, who have acquired B.Sc. Trained Qualification prior to coming into force of 1993 Rules and who would be entitled to grant of such B.Ed. Trained Scale in view of existing circular in vogue at the relevant point of time i.e.; circular dated 28th November, 1982.;