NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for quashing the Letter No. 6/R -1 -01/01 -1553 dated 4.6.05 (Annexure -3) issued by the Director, Secondary Education, Jharkhand, Ranchi and also the Letter No. 1146 dated 12.12.06 (Annexure -4) issued by the District Education Officer, Deoghar whereby the petitioner's pay scale has been reduced with retrospective effect with further direction to recover the amount purportedly paid in excess.
(2.) ACCORDING to the petitioner, he was appointed as Laboratory Assistant in the vocational Course for Accountancy and Audit in +2 School in the pay scale of Rs. 1400 -2600 by Office Order No. 11/NI -2 -031/93 -SHI -509 dated 15.7.93. The eligibility criteria and educational qualification for the said post was I.A/I.Sc/I.Com with working experience in corresponding field in a recognized institution/department of State or Central Govt. The petitioner having possessed the requisite educational qualification and eligibility was appointed to the said post in the pay scale of Rs. 1400 -2600. Subsequently, the pay scale was revised at Rs. 4500 -7000 w.e.f. 1.1.96 and on the basis of the said pay scale he was paid his salary. Suddenly by the impugned order dated 4.6.05 (Annexure -3) the Director, Secondary Education, Govt. of Jharkhand, Ranchi sought to reduce the said pay scale of the petitioner with retrospective effect on the ground that he is entitled to the pay scale of Rs. 4500 -7000. The District Education Officer has passed the said impugned order dated 12.12.06 on the basis of the letter of the Director. The said pay scale has been sought to be reduced with effect from the date the petitioner was given the revised scale of Rs. 5000 -6000. The grievance of the petitioner is that his pay scale has been reduced without giving him any notice and opportunity of hearing and the same is violative of the principles of natural justice. The said Impugned orders are nullity and are liable to be quashed. Earlier the pay scale given to the petitioner i.e. of Rs. 1400 -2600 was sought to be revised to 1500 -8000. The respondents have now sought to alter the revised pay scale on the basis of qualification. Irrational distinction has been made and the petitioner's pay scale has been sought to be reduced without any just reason. The salary which has been given to the petitioner on revision of pay was fixed by the respondents themselves and there was no mis -representation on the part of the petitioner in getting the said revised pay scale. The petitioner is, thus, not liable to refund any amount, and the impugned order of recovery on the ground of excess payment of salary to the petitioner, is wholly arbitrary, illegal and unjust.
(3.) A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioner was appointed in the pay scale of Rs. 1400 -2600 and subsequently the pay scale was revised at Rs. 5000 -8000 for those who were recruited with the qualification of BSC with Diploma certificate. The pay scale for others on revision was sanctioned at Rs. 4500 -7000. The petitioner being Intermediate is not entitled to get the salary in the revised pay scale of Rs. 5000 -8000. The impugned orders have been issued in view of the letter dated 1.9.2000 issued by the Government of Bihar fixing the said pay scale and there is no arbitrariness or illegality therein.;