S.N. Pathak, J. - (1.) The petitioners have approached this Court with a prayer for quashing the order bearing Memo No. 3214 dated 23.11.2015 issued 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-4 to this writ petition). Further prayer has been made to hold and declare the order dated 23.11.2015 as illegal and arbitrary and also for implementing the order dated 21.08.2015 by which the petitioners were granted the benefits of ACP(Assured Career Progression). Factual Matrix
(2.) The petitioners were 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). All the petitioners were appointed by the Director, Secondary Education, Govt. of Bihar through appointment letters 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 letters, the petitioners joined their posts in different government schools of State. The petitioners having requisite qualifications for appointment as Laboratory Assistant, were also confirmed in their services on the post of laboratory assistant vide memo No. 1777 dated 22.09.2014 issued by the Director, Secondary Education, Govt. of Jharkhand. It is the specific case of the petitioners that they were appointed in the scale of Rs.1400-2600/- along with admissible allowances in the year 1993, the same pay-scale was revised and they were granted the pay scale of Rs. 5000-8000/- w.e.f. 01.01.1996 by way of 5th Pay Revision. The petitioners were allotted State of Jharkhand in order of cadre division issued by the Govt. of India dated 03.03.2006. In the cadre division, the pay scale of the petitioners have been shown as Rs. 5000-8000/-. After having completed 12 years of continuous service, the case of petitioners were considered for grant of benefits of ACP by the Screening Committee in its meeting dated 31.07.2015 and on its recommendation, they were 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 petitioners' name find place at serial Nos. 3, 6, 11,14, 26, 28, 29, 30, 36, 41, 45, 46, 52, 57, 62 and 75.
(3.) In pursuance of benefits of ACP granted to the petitioners, the petitioner Nos. 2 to 6 have also received some payments towards the benefits of ACP. 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 dated 19.11.2015. This letter was circulated by the District Education Officer, Ranchi giving direction to the Principals/Headmasters of the +2 High Schools to recover the amount paid to the laboratory assistants vide memo no. 3402 dated 28.11.2015. Aggrieved by the said letter, the petitioners represented before the respondent-authorities regarding the illegal order of recovery and regarding the sustainability of order dated 28.11.2015, but no heed was paid. Hence, this writ petition has been preferred challenging the said order of recovery.;