Ravi Ranjan, Sujit Narayan Prasad, J. - (1.) This intra-court appeal has been filed under Clause-10 of the letters patent appeal against the order/decision of the learned Single Judge dated 22.06.2018 passed in W.P.(S) No.307 of 2006, whereby and whereunder, the learned Single Judge has refused to interfere with the decision taken by the authority by dismissing the writ petition.
(2.) It requires to refer herein the brief factual aspect which is necessary to consider the rival submissions of the parties and appreciating the decision of the learned Single Judge. The appellants have been appointed as Assistant Teachers (Science) in the year 1981. After passing B.Sc. Examination sometime in the year 1979, they have possessed higher qualification of M.Sc. and after being appointed, have worked to the satisfaction of all concerned. The appellants have also passed B.Ed. Examination and become eligible to get the B.Sc. trained scale, however, the same has been extended w.e.f. 24.06.1987 and 06.06.1987 but by virtue of passing of an order dated 22.12.2005, the same has been shifted to 01.04.1995 with a direction to recover the excess amount paid to them as also to quash the order dated 17.07.2006, by which, the appellants/writ petitioners have been made Junior to 12 other teachers.
(3.) Mr. Indrajit Sinha, learned counsel appearing for the writ petitioners/appellant herein has assailed the impugned order, inter-alia on the ground that even though the appellant/writ petitioners, are eligible as per the service rules and as such, the authorities have granted B.Sc. trained scale w.e.f. 24.06.1987 and 06.06.1987 but subsequently shifting of the said date to 01.04.1995, is absolutely improper and illegal and hence, not sustainable in the eye of Law.;