- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for issuance of a direction upon the respondents to continue to give her trained scale, which had earlier been approved by the Ministry of Finance, vide its Resolution dated 08.02.1999 (Annexure - 3). A further prayer has been made for directing the respondents to refund the petitioner, a sum of Rs. 19,644/ -which has been recovered from the petitioner's salary. The petitioner has also prayed for issuance of a direction upon the Respondent - Jharkhand Academic Council, Ranchi, to conduct the 'Teachers Training Examination' without any delay, in consonance with the directions contained in the order of this Court in an earlier writ application, vide W.P. (S) No. 663 of 2002. The facts of the petitioner's case in brief are as follows: The petitioner being possessing an Intermediate qualification, was appointed as 'Untrained Teacher' in the Government School on 20.01.1988. She was given the scale of untrained teachers from the date of her appointment. Subsequently, the petitioner had completed her in service training course of one year sometime in the year 1993 -94, whereafter she claimed that she had qualified for appearing at the 'Teachers' Training Examination'. However, the teachers' training examination was never held by the concerned authorities of the respondents. It appears that pursuant to a Circular issued by the State Finance Department sometime in the year 1999, the State Government conceded to pay the scale of trained teachers to the petitioner and similarly situated other teachers working in the various government schools, in anticipation that the examination would be conducted soon and they would be able to appear at the examination. The payment of such higher pay scales continued till 2007, on the purported basis of Circular issued by the State Finance Department in the year 2001. Later, the scale of the petitioner and other similarly situated teachers was reverted to lower scale of untrained teachers from 2007. It also appears that during all this period, despite the fact that specific direction was issued by this Court in writ application [W.P. (S) No. 663 of 2002] to the respondents to conduct the examination, but the Respondent -JAC did not conduct any examination even till date.
(3.) THE grievance of the petitioner is that despite the fact that she had completed her in -service training course of one year and has acquired the eligibility to appear at the examination, for acquiring the eligibility of being considered as fully trained teacher, but the Respondent -JAC has not conducted any examinations till date. The further grievance of the petitioner is that though without any fault on her part, it was by the decision of the State Government themselves that the petitioner was given the scale of trained teachers since after the date of the issuance of the Finance Department Circular in 1999, but without any prior notice, the scale has now been abruptly stopped and reverted to a lower scale and furthermore, recovery has been made from the salary of the partitioner, in installments and till the date of fling of this writ application, a sum of Rs. 19,643/ -has already been recovered from the petitioner's salary.;