R.R.PRASAD, J. - (1.) The petitioners are the teachers posted in different High School in the territory of the State of Jharkhand and they by virtue of the Resolution No. 6022 dated 18.12.1989 (Annexure -I) issued by the Department of Finance, Government of Bihar were promoted to selection grade in between 1986 and 1992 and accordingly fixation of the salary was made. Subsequently, the Government of Jharkhand came with the resolution as contained in Memo No. 7946 dated 16.11.2000, whereby decision was taken that the flxation of salary made pursuant to the Resolution No. 6022 dated 18.12.1989 (Annexure -1) needs to be re -fixed in terms of the Resolution No. 1000 dated 20.2.1993 (Annexure -2). Consequently, decision was also taken to recover the amount which has been paid in excess from the salary bill of March 2001.
(2.) BEING aggrieved with those orders, I he petitioners have preferred this writ application. Learned Counsel appearing for the petitioners submits that certain persons aggrieved with the orders passed under Annexure -2 preferred a writ application before the Patna High Court vide CWJC No. 2405 of 1997 whereby Patna High Court after taking into consideration the relevant provisions did hold that the resolution dated 20.2.1993 (Annexure -2) is not applicable in the case of the petitioners in the matter of fixation of pay on promotion/conversion granted prior to 20.2.1993 and. therefore, the respondents cannot review the fixation of pay of the petitioners which were made and also provided to the petitioners prior to the impugned resolution dated 20.2.1993.
(3.) LEARNED Counsel further submits that similar is the case here, as in this case the petitioners' fixation of pay on promotion have been made in between 1986 and 1992 and under that situation, the Authorities cannot re -open the matter and pass order for refixation of salary.;