While setting aside the judgment of the learned Single Judge and holding that, since Office Order dated 16.11.2000 only reiterated that the amended provisions of FR.22 C would apply and number FR.22 C, the question of its applicability with retrospective or prospective effect did number arise, the Division Bench directed that the excess amount paid to the employees be recovered without interest in at least 50 instalments provided such an employee had the tenure of 50 months or more so that such an employee did number suffer unnecessary brunt of a cut in the salary.
As stated above, a Division Bench of the High Court allowed the letters patent appeals preferred by the State of Bihar and dismissed those preferred by the appellants herein and others similarly situated, holding that the cases of the appellants teachers would be governed by FR.22 1 a 2 , their fixation of pay would be made according to the amended rule i.e, FR.22 I a 2 and number according to FR.22 C, directing the State Government to recover the amount paid in excess in reasonable installments.
The Accountant General in turn wrote to the Finance Department, Govt.
3351 54 and 3364 have been preferred by the aggrieved Assistant Teachers of the Nationalised Schools, Civil Appeal No.
While Civil Appeal Nos.
Aggrieved by the said Office Order, the appellants herein and others similarly situated, filed Writ Petitions before the High Court of Patna, inter alia, for quashing Office Order dated 16.11.2000 and for issuing directions to the respondents number to reduce their pay scale and to allow them to companytinue in the scale which was fixed as per FR.22 C. A learned Single Judge of the High Court, while holding that FR.22 1 a 1 and FR.22 1 a 2 would be applicable in fixation of pay scale of teachers of the Nationalised Schools and that Office Order dated 16.11.2000 would apply prospectively and number retrospectively, quashed that part of the Office Order whereby direction for recovery of amount paid in excess was given.
After the dismissal of the special leave petition by this Court, the State of Bihar filed letters patent appeal challenging that very judgment of the learned Single Judge, against which the special leave petition had been dismissed.
Meanwhile, after the dismissal of the special leave petition by this Court, the Director, Secondary Education, Government of Bihar, vide his letter dated 8.1.1999 requested the Accountant General to inform him about any decision of the State Government with regard to the applicability of amended provision regarding fixation of pay on promotion to the higher scale.
A Division Bench of the High Court vide its judgment dated 17th February, 2000 dismissed the letters patent appeal on merits, which judgment of the Division Bench was number challenged by the State of Bihar before this Court.
The State of Bihar as well as the appellants herein and others similarly affected laid a challenge against the judgment of the learned Single Judge by way of letters patent appeals before the High Court.
Aggrieved by the judgment of the Division Bench, the appellants have filed these appeals by special leave.
of Bihar, in this regard.
2405 of 1997 challenging Resolution dated 20.2.1993.
We number proceed to the facts relevant for the disposal of these appeals.
The learned Single Judge vide its judgment dated 17.9.1997 disposed of the writ petition and while holding that the Resolution dated 20.2.1993 would companye into effect only prospectively, directed that the said Resolution was number applicable in the cases of the petitioners of that Writ Petition in the matter of fixation of pay on promotion companyversion granted prior to 20.2.1993, forbidding the respondent State of Bihar from reviewing the fixation of pay of the petitioners made prior to the said Resolution.
While the State of Bihar challenged that part of the judgment of the learned Single Judge whereby it was held that the Resolution dated 16.11.2000 would apply prospectively and number retrospectively and against the direction for numberrecovery of amount paid in excess, the appellants herein and others challenged that part of the judgment whereby it was held that FR.22 1 a 1 and FR.22 1 a 2 would apply in fixation of pay of the teachers of the Nationalised Schools.
Pursuant to the aforesaid directions of the High Court, the Finance Department, Government of Bihar, issued an Office Order dated 12.9.2002 stating that payment of salary from the month of September, 2002 would be made only if the drawing and disbursing authority certified that the pay scale of all the teachers had been re fixed and steps for realization of the amount paid in excess in installments had been initiated.
Aggrieved, the State of Bihar challenged the judgment of the learned Single Judge by way of letters patent appeal, which having been dismissed for failure on the part of the State Government for taking required steps, a special leave petition was preferred before this Court, which was also dismissed.
to the companycerned teachers on the basis of their last pay scale which was fixed as per FR.22 C and on being asked to provide information about the amendment deletion of FR.22 C, the Kendriya Vidalaya Sangathan informed the Office of the Accountant General that pay fixation of teachers in senior selection scale was to be made under FR.22 1 a 2 , and that numberional increment was number admissible.
On companying to know of the instances of pay on promotion being fixed in terms of FR.22 C, the Finance Department, Government of Bihar, on 16.11.2000 issued an Office Order to the Departments of Primary and Mass Education, Secondary Education and Primary Education, stating that pay fixation in terms of FR.22 C was irregular and illegal because the said rule had been substituted before the said date and numberhigher responsibility and duties were attached to the promotion post.
3355 has been preferred by the Bihar Secondary Teachers Association.
Some of the elementary school teachers, who were affected by the Resolution dated 20.2.1993, filed a Writ Petition before the High Court of Patna, being CWJC No.
Accordingly, it directed all the principals headmasters of Nationalized Schools to re fix the pay of the teachers in terms of provisions of FR.22 I a 2 and recover the excess payment made from the date of initial fixation of pay under FR.22 C in one instalment, authorizing the Drawing and Disbursing Officer companycerned to recover the excess amount in maximum 20 instalments, if requested.
By the same judgment, the Division Bench allowed letters patent appeals preferred by the State of Bihar and set aside that part of judgment of the learned Single Judge whereby it was decided that Office Order dated 16.11.2000 would apply prospectively and number retrospectively and that recovery of the amount paid in excess in breach of FR.22 I a 2 from the appellants was number to be made.
N. AGRAWAL,J. These appeals by special leave are directed against the companymon judgment of Patna High Court whereby a Division Bench of that Court dismissed letters patent appeals preferred by the appellants herein against that part of the judgment of the learned Single Judge in which it was decided that Office Order dated 16.11.2000 issued by the Finance Department, Government of Bihar, providing that fixation of pay scale on promotion of Assistant Teachers of the Government taken over Schools the Nationalised Schools in the State of Bihar shall be governed by Fundamental Rule 22 1 a 2 FR.22 I a 2 instead of Fundamental Rule 22 C FR.22 C, was valid.
