NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for quashing the Letter No. 1917 dated 4.4.2000 issued by the Director. Welfare Department, Government of Bihar as also the Letter No. 2066 dated 19.10.2001 issued by the respondent No. 4 whereby the direction has been issued to the concerned officer including the respondent No. 5 to pay the revised scale of pay to the untrained teachers working in the Welfare Department as is being paid to the untrained teachers of the Human Resources Development Department in the Government Schools and also for quashing the order whereby recovery of the excess amount paid to such teachers has been sought to be made. The petitioner has further prayed for a direction on the respondents to pay the revised scale of Rs. 5500 -9000 which she is entitled to get.
(2.) IT has been stated that the petitioner was appointed as Assistant Teacher in the Welfare Department in the pay scale of Rs. 1500 -2750. In the letter of appointment there was no such condition that the petitioner has to undergo Teachers Training. After her appointment, the petitioner has been working. Her pay scale was also revised from time to time. Her pay scale was also approved by the District Accounts Officer. It has been stated that there was an audit objection and on the basis of the same the petitioner's pay scale has been sought to be reduced from Rs. 5500 -9000 to Rs. 4000 -6000. The petitioner was not given any notice or opportunity of hearing before issuing the impugned order of reduction of her pay scale. It has been stated that not only the petitioner's pay stale has been substantially reduced, a letter dated 19.10.2007 has also been issued by the Deputy Secretary to the Government, Welfare Department to take steps for recovery of the excess amount paid to the untrained teachers in trained scale.
(3.) ACCORDING to the petitioner, since there was no representation or misrepresentation by her for getting the said scale of pay, she is not at fault for the fixation and payment of the scale. The pay scale was fixed by the competent authority of the Department and the same was revised from time to time and the pay scale given to her cannot be reduced without giving her any notice and opportunity of hearing.;