S. N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned J.C. to Sr. SC-I for the State.
(2.) The petitioner has approached this Court with a prayer for quashing entry dated 26.08.2016, made in the Service Book of the petitioner, whereby it has been ordered by the Head Mistress, Project Girls' High School, Oppa, Ranchi to recover Rs.89,334/- in four equal installments as the same has been passed without following the principles of natural justice and also against the ratio as laid down by the Hon'ble Apex Court as well as by the Hon'ble High Court. Further prayer has been made for refund of the amount deducted by the respondents pursuant to entry dated 26.08.2016 made in the service book with penal interest, as the same has been done without any fault on the part of the petitioner. Petitioner has also prayed for directing the respondents to fix the pay-scale of the petitioner from her initial date of appointment in view of several judgments of this Hon'ble Court as well as the decision passed in C.W.J.C. No. 2147 of 1993 (R).
(3.) The facts as derived from the writ petition are that the petitioner was appointed on 16.01.1985 as Assistant Teacher in the Project Girls High School, Bharno (Gumla). Thereafter, vide letter No. 182 dated 25.03.1982, issued by the State of Bihar, the school, where the petitioner was working, was undertaken by the Government and the name of the said school appeared at Sr. No. 78 and subsequently, in light of letter No. 405 dated 19.07.1986 issued by the Education Department, Govt. of Bihar, the District Education Officer, Gumla vide its letter No. 1690-93 dated 01.04.1986 fixed the pay-scale of the petitioner and other similarly situated teachers at Rs.785-25-1135. Thereafter, vide wireless message dated 14.04.1987, it was ordered that all the teachers of those project schools which were taken over by the government would get regular pay scale w.e.f. 01.04.1986 only. It has further been contended that in the year 1994, the services of the petitioner was transferred to Project Girls High School, Oppa, Ranchi and the petitioner gave her joining in the said school and is presently working as Assistant Teacher in the above school. Thereafter, vide order dated 10.04.1995 passed in C.W.J.C. No. 3147 of 1993, the Hon'ble Patna High Court pleased to hold that all the teaching and nonteaching staff of project school should also get the same benefit of getting regular pay-scale from their initial date of recruitment. After the said order, the similarly situated persons moved before the Hon'ble Jharkhand High Court in W.P.(S). No. 1589 of 2005, which was disposed of on 29.07.2009 with a direction to the Director, Secondary Education to consider the claims of the petitioners in light of earlier decision taken on similar claims of other teachers. It is further stated that vide office order dated 10.01.2015, it was decided that teachers appointed in Project Girls High School, Oppa shall be entitled to the benefit of pay-scale from the date of their initial appointment which would be granted to them after due verification of their appointment and educational qualification. As the petitioner was similarly situated, she was granted the benefits from her initial date of appointment i.e. from 17.01.1985 and the same was recorded in her service book and further fixation of pay from initial date of appointment had been done by the competent authority and approved by the District Accounts Officer and hence, there is no manipulation or fraud committed by the petitioner.;