- (1.) PETITIONERS , in this writ application, have prayed for a direction to the Respondents to accept the "Form D" in accordance with the directions contained in the letter dated -02.08.2001 (Annexure -4) of the State Government and letter dated -16.11.2000 (Annexure -1) and 14.08.2001 (Annexure -5), and to give the available benefits by accepting the said "Form D". Further prayer has been made for directing the Respondents to refund the alleged excess payments to the petitioners, which has been recovered from the petitioners' salary.
(2.) THE petitioners had joined their services under the Respondent - State Government in the Education Department, as Assistant Teachers in 1982 and they used to be posted at different places. Their present place of posting is in the High School, Dhanbad within the District of Dhanbad. The contention of the petitioners is that with effect from 1994, the salary of the petitioners was fixed in the old scale of Rs.2000/ -60 -2300 -75 -3200 - 100 -3500/ -. This scale was subsequently converted into the pay -scale of Rs.6500 - 200 -10500/ - as per the pay Revision with effect from 01.01.1996. In the old scale, the petitioners' basic pay -scale with effect from 22.07.1994, was fixed at Rs.2250/ -.
(3.) UPON Revision of the pay -scales, which was made effective from 01.01.1996, a direction was issued by the then Government of Bihar that the Teachers would be entitled to exercise their option by submitting statements in "Form D", as to whether they would prefer the revised pay - scales or continue in the old scale and draw the annual increments, if such revised pay -scale would be disadvantageous to them.;