PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioners have inter alia prayed for quashing the office orders dated 31.12.2007, vide Annexure-13 to the writ application, issued by the respondent No. 4 whereby decision has been taken to revise and reduce the pay scale of the petitioners curtailing the annual increments and giving it from the date of their reappointment instead of their initial appointment and it has been further ordered to recover the excess amount paid to them in one installment.
(2.) The brief facts, as averred in the writ application, is that the petitioners were appointed against the sanctioned posts of Primary Teachers in pursuance to advertisement published in the newspaper in the year 1982- 83 after undergoing the due process of selection and interview. After being appointed the petitioners joined the respective posts and discharged their duties to the utmost satisfaction of his superior authorities without any blemish whatsoever. But unfortunately to the utter surprise and consternation, the services of the petitioners were terminated in the year 1985-86. Several persons similarly situated to the petitioners challenged the order of termination before the Patna High Court in different writ applications and finally the matter went up to the Hon'ble Apex Court in SLP (c) No. 10051 of 1990 which was disposed of by order dated 30.11.1992 (Annexure-3 to writ petition) directing the respondent State of Bihar that if there is vacancy and if there are no trained teachers then the untrained teachers who were employed prior to the new rule came into operation, would be reinstated in service if after subjecting them to the selection process they are found suitable. It was further directed that if there are vacancies and yet the appellants were not appointed in the said vacancies such of the appellants who were eligible to be appointed and yet were not appointed in spite of the vacancies, would be entitled to the salaries from 1st July 1992 till their appointment. It was further observed that if there were no vacancies or some of them have to be appointed in the new vacancies they will not be entitled to the salaries from 1st July 1992 till the date of their appointment. However, when they are appointed the period of break in service not exceeding one year will be taken into consideration for benefits other than salary. It has been averred in the writ application that the petitioners were appointed prior to new rule. Another set of similarly situated employees moved before the Hon'ble Patna High Court in different writ application being C.W.J.C. No. 7000 of 1992, 9192 of 1992, 9601 of 1992, which was disposed of by judgment dated 20.01.1993 with direction to the respondents to fill up the posts in terms of the aforesaid direction of the Hon'ble Supreme Court with utmost expedition as per Annexure-4 to the writ petition. Another set of similarly situated employees moved before the Hon'ble Patna High Court in CWJC No. 400 of 1998, which was disposed of by its judgment dated 20.05.1997 in terms of the order dated 07.02.1991 passed by the Hon'ble Supreme Court passed in S.L.P (Civil) No. 11699 of 1990 whereby the Hon'ble Apex Court was pleased to hold that those teachers who have served in the past but there has been a break in service on account of termination shall have the credit of past service both in regard to the payment of salary as also seniority and other service benefits as evident from Annexure-5 to the writ petition. It is pertinent to mention that in pursuance to judgment of the Hon'ble Apex Court the petitioners were reappointed by the office orders dated 26.12.1995 and 17.01.1997 vide Annexure-7 series to the writ application and the petitioners in pursuance to the said reinstatement orders immediately gave their joining as per Annexure-8 to the writ petition. Since all the petitioners were reappointed against the vacancy prior to 01.01.1992 they were placed in the revised pay scale treating their initial date of appointment as would be evident from office orders dated 12.05.1997 and 23.10.1997 vide Annexures-9 and 10 to the writ petition. In pursuance to a decision taken in the meeting for not to give annual increment benefit of pay revision to the reappointed teachers prior to the period of their reappointment and for recovery of any financial benefits after giving show cause notice the petitioners have been issued show cause notice vide office order dated 31.12.2007 vide Annexure-13 series to the writ application. Thereafter the petitioners filed detailed representation before the respondents vide Annexure-14 to the writ petition. Being aggrieved by and dissatisfied with the impugned orders vide Annexure-13 to the writ application, the petitioners left with no other alternative and efficacious remedy have knocked the doors of this Court under Article 226 of the Constitution of India for redressal of the grievance.
(3.) Learned counsel for the petitioners has vehemently submitted that the impugned orders vide Annexure-13 series to the writ application are arbitrary and mala fide exercise of power which is contrary to law and in utter violation of the judgment of the Hon'ble Apex Court and Hon'ble Patna High Court. Learned counsel for the petitioners further submits that the impugned direction of the respondents vide Annexure-13 series for recovery of amount from the petitioners in the absence of any misrepresentation or fraud committed by the petitioners, such action on the part of the respondents is not legally sustainable.;