S.N. Pathak, J. - (1.) The petitioner has approached this Court with a prayer for quashing the order passed under Memo No. 3214 dated 23.11.2015 by the Director, Secondary Education, School Education and Literacy Department, Govt. of Jharkhand, whereby Memo No.6/Wa-25/2006-2709 dated 21.08.2015 has been cancelled/revoked (as contained in Annexure-8 to this writ petition). Factual Matrix
(2.) The petitioner was appointed on the posts of laboratory Assistant in Government +2 Schools after following the due process for appointment and on the recommendation of the Vidyalaya Sewa Board, Patna (Bihar). The petitioner was appointed by the Director, Secondary Education, Govt. of Bihar through appointment letter dated 15.07.1993, on the post of Laboratory Assistant in the scale of Rs. 1400-2600/- along with admissible allowances. After receiving the appointment letter, the petitioner joined the post in S.S. High School, Simdega on 05.08.1993. The petitioner having requisite qualification for appointment as Laboratory Assistant, was also confirmed in his services on the post of laboratory assistant w.e.f. 05.08.1996. It is the specific case of the petitioner that he was appointed in the scale of Rs.1400-2600/- along with admissible allowances in the year 1993, the same pay-scale was revised and he was granted the pay scale of Rs. 5000-8000/-, by way of 5th Pay Revision. The petitioner was allotted State of Jharkhand in cadre division order issued by the Govt. of India dated 03.03.2006. In the cadre division, the pay scale of the petitioner has been shown as Rs. 5000- 8000/-. After having completed 12 years of continuous service, the case of petitioner was considered for grant of benefits of ACP by the Screening Committee in its meeting dated 31.07.2015 and on its recommendation, he was granted the benefits of ACP with effect from the date on which they completed 12 years of continuous service and accordingly an order bearing Memo No. 6/Wa-25/2006- 2709 dated 21.08.2015 was issued by the Director, Secondary Education, Govt. of Jharkhand, in which the petitioner's name find place at serial No.71.
(3.) But, surprisingly, all of sudden and without any notice or show cause and without affording any opportunity of hearing, the Director Secondary Education, School Education & Literacy Department, Govt. of Jharkhand has issued an office order bearing memo No. 6/Wa-25/2006-3214 dated 23.11.2015, whereby the letter bearing Memo No. 6/Wa-25/2006-2709 dated 21.08.2015 has been cancelled/revoked on the basis of a decision taken in the Screening Committee meeting. Aggrieved by the said letter, the petitioner represented before the respondent-authorities regarding the sustainability of order dated 23.11.2015, but no heed was paid. Hence, this writ petition has been preferred challenging the said order of recovery.;