AMARESHWAR SAHAY, J. - (1.) THE prayer of the petitioner in this writ application is for quashing of the order dated 04/09/1999, contained in Annexure -6 to this writ application whereby the District Superintendent of Education, Singhbhum East at Jamshedpur, whereby by rejecting the representation of the petitioner he cancelled the promotion given to the petitioner with retrospective effect and ordered to recover the excess amount paid to him.
(2.) IT appears that on the basis of the decision taken by the District Education Establishment Committee, the petitioner was granted B.A. trained scale by issue of memo No. 3947 dated 03/07/1993 with effect from 01/12/1985. It also appears that the District. Superintendent of Education without following the due procedure and without recommendation of the District Establishment Committee, passed an order on 30/06/1995 granting B.A. trained scale with retrospective effect, i.e. from 01/04/1983. The District Superintendent of Education had no jurisdiction to take a decision with regard to the promotion of the teachers. On such grounds Annexure -6 cancelling the promotion giving B.A. trained scale with retrospective effect, was issued. The main grievance of the petitioner is that though the B.A. trained scale was granted to the petitioner with retrospective effect but the same was not done on account of misrepresentation or at the instance of the petitioner and, therefore, the order as contained in Annexure -6 for recovery of the amount paid in excess is illegal. In support of his submission, the learned Counsel for the petitioner has relied on a decision of the Supreme Court in the case of Sahib Ram v. State of Haryana and Ors. reported in 1995 Supp. (1) SCC 18.'
(3.) A counter affidavit has been filed on behalf of Respondent No. 2 wherein it has been stated that the said decision for recovery of the excess amount by cancelling the promotion of the petitioner, was taken by the District Establishment Committee in the light of the decision of High Court passed in CWJC No. 1006/1998 (R) wherein it was held that if any adverse order is passed against the petitioner then they are liable to refund the amount received by them in pursuance of grant of higher scale/promotion for the simple reason that they were not granted the benefit for the period that they actually did not work.;