TAPEN SEN, J. - (1.) HEARD Mr. Raj Kishore Prasad assisted by Mr. Sanjay Kumar Pandey, learned counsel for the petitioners and Mr. Kalyan Banerjee. J.C. to Sr. S.C.I. for the State -respondents and with their consent, this writ petition is being disposed off at this stage.
(2.) THE writ petitioners are aggrieved by a letter dated 7.11.2002 issued under Memo No. 4779 by the District Education Officer, Ranchi, whereby and whereunder. directions have been given to all Headmasters of the High Schools to make necessary correction in the pay fixation made with effect from 1.1.1986 and indicate the excess amount paid to the teachers so that appropriate steps can be taken for recovery. The petitioners have also made a prayer for quashing the resolution of the Government dated 20.2.1993 issued by the Department of Finance making a grievance that the said resolution cannot disturb the pay fixation made to the petitioner after granting promotion on completion of 12 years of service. The petitioners are all Assistant Teachers of the Anita Girls High School, Kanke, Ranchi and on completion of 12 years of service, they were promoted on various dates whereafter a resolution dated 18.12.1989 being resolution No. 6022 was issued by the Department of Finance granting scale to the Teachers on the basis of recommendations made by the 5th Pay Revision Committee. According to the petitioner, the Government took a decision to pay monetary benefits from the date indicated in the aforementioned resolution and after they completed 12 years of service from their respective dates of appointment. The pay scales were accordingly revised in pursuance of the aforementioned resolution and were fixed as per the provisions made in the Clause 13(iii) thereafter.
(3.) IT is thus apparent that vide resolution No. 6022 dated 18.12.1989, the Department of Finance, Government of Bihar had accorded sanction for payment of appropriate scales to the Teachers with effect from 1.1.1986 and the same was to be governed by Clause 13 of the said resolution. Upon perusal of Clause 13 of the said resolution, it is evident that the State Government decided that the revised pay scale indicated in Schedule II should also be extended to Teachers and the provision under the Central Government regarding training, eligibility for appointment and promotion and other service conditions be made applicable as far as possible.;