IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4746 of 1997 1. Rajdeo Singh, Son of Shri Ram Prasad Singh of Village Chak Sakra, P.O. Balwa Kuwari, P.S. Hajipur Sadar, District Vaishali, Headmaster, Govt. Middle School Bathna, P.O. Sondhu, District Vaishali. 2. Indradev Singh, Son of Late Rajgir Singh, Village Ofraul, Via. Desari, P.S. Desri, District Vaishali, Headmaster, Govt. Middle School Raja Paker, P.O. Raja Pakar, P.S. Raja Paker, District Vaishali. 3. Kapildeo Prasad, Son of late Lakshmi Sah, Village Haribanspur, P.O. Warispur, P.S. Bhagwanpur, District Vaishali, Headmaster, Govt. Middle School, Chauk, P.O. Hajipur, P.S. Hajipur, District Vaishali. 4. Shiv Chandra Singh, Son of Late Batori Singh of Village Jharhua, P.O. Jharhua, P.S. Hajipur, Town, District Vaishali, Headmaster, Govt. Middle School, Namidih, P.O. Ghataro, P.S. Lalganj, District Vaishali. 5. Ramashrey Singh, Son of Shri Naga Singh, Village Mile, P.O. Bhairopur, P.S. Bidpur, District Vaishali, Asstt. Teacher, Govt. Middle School, Minapur, P.Om Hajipur, District Vaishali. 6. Devendra Singh, Son of Sri Krishna Ballabh Singh, Village Raudi Pokar, P.O. Ghataro, P.S. Lalganj, District Vaishali, Asstt. Teacher, Govt. Middle School, Chandralaya, P.O. Balwa Kuari, Dist. Vaishali. 7. Ramyatna Roy, Son of late Anant Roy, Village Daulatpur, P.O. Subhai, P.S. Hajipur, Sadar, District Vaishali, Asstt. Teacher, Govt. Middle School, Chandpura, P.O. Rahimapur, District Vaishali. 8. Jagdish Thakur, Son of Sri Deoki Nandan Thakur, Village and P.O. Jurawanpur Karari, P.O, P.S. Jurawanpur, dist. Vaishali. Asstt. Teacher, Govt. Primary School, 2 Sahdullapur, Chandani, P.O. Hajipur, Dist. Vaishali. 9. Harendra Kumar, son of Shri Jagarnath Singh of Village Paharpur, P.O. Keshrahi, P.S. Baligaon, District Vaishali, Asstt. Teacher, Middle School, Chapaith, P.O. Chapaith, P.S. Goraul, District Vaishali. 10. Md. Mustaqu Ali, Son of late Md. Haider Ali, Village Inayatpur Prabodhi, P.O. Sarai, P.S. Sarai, District Vaishali, Asstt. Teacher, Govt. Middle School Bihar Urdu, P.O. Bhagwanpur, District Vaishali. 11. Nand Kishore Mishra, Son of Late Chaturbhuj Mishra of Village Pauni Hasanpur, P.O. Pauni, P.S. Vaishali, Dist. Vaishali, Asstt. Teacher, Govt. Middle School, Purantand, P.O. Purantand, P.S. Lalganj, Dist. Vaishali. 12. Mathura Prasad Yadav, Son of late Chaturbhuj Prasad Yadav of Village Dighi Khurd, P.O. Rajipur, P.s. Hajipur Sadar, District Vaishali, Headmaster, Govt. Girls Middle School, Majlispur, P.O. Mathura Sultanpur, Dist. Vaishali. 13. Nagendra Roy, Son of Late Jamun Rai, Village Gori Gama, P.O. Mahua, P.S. Mahua, District Vaishali, Asstt. Teacher Govt. Middle School Askaranpur Boaria, P.O. Bhagwanpur, District Vaishali. 14. Jay Prakash Narayan Choudhary, Son of Shri Sheo Prasad Choudhary, Village Bari Yusufpur, P.O. Hajipur, P.S. Hajipur, Dist. Vaishali, Headmaster, Govt. Middle School, Basudeopur Chandel, P.O. Basudeopur Chandel, P.S. Mahnar, Dist. Vaishali. 15. Md. Basir Ansari, Son of Md. Sahebjan Ansari, Village Sampur, P.O. Hasi Kewal, P.S. Bhagwanpur, District Vaishali, Asstt. Teacher, Govt. Middle School, Rahsa, P.O. Rahsa, Dist. Vaishali. 16. Ramaballabh, Son of Shri Asarfi Lal, Village Kiratpur, P.O. Bhagwanpur, P.S. Bhagwanpur, District Vaishali, Asstt. 3 Teacher, Govt. Middle School, Palwaiya, P.O. Palwaiya, District Vaishali. 17. Ram Bihari Singh, Son of Bal Kishun Singh, Village Asadpur Satpura, P.O. Satpura, P.S. Bhagwanpur, District Vaishali, Asstt. Teacher, Govt. Middle School Rohsa, P.O. Rohsa, Dist. Vaishali. 18. Shri Ram Singh, Son of late Ram Bali Singh, Village Jagdishpur, P.O. Jandaha, P.S. Jandaha, District Vaishali, Asstt. Teacher, Govt. Middle School, Pohiyar, P.O. Pohiyar, P.S. Desri, District Vaishali. 19. Nagendra Singh, Son of Sri Ganga Singh of Village Rampur Ramhar, P.O. Rampur Ramhar, P.S. Jandaha, District Vaishali, Asstt. Teacher Primary School Chak Mahmad, P.O. Desri, District Vaishali. 20. Risideo Prasad Singh, Son of Late Rameshwar Singh of Village Majlispur, P.O. Mathura Sultanpur, P.O. Bidupur, District Vaishali, Asstt. Teacher, Govt. Middle School Mednimal, P.O. Hajipur, District Vaishali. 21. Ganga Prasad Singh, Son of Shri Misri Lal Sah, Village Ania, P.O. Arnia, P.S. Jandaha, District Vaishali, Asstt. Teacher, Govt. Middle School, Dherpura, P.O. Dherpura, District Vaishali. 22. Rajeshwar Pd. Rakesh, Son of Shri Ganesh Roy, Village Narayanpur Dherpura, P.O. Dherpura, P.S. Jandaha, District Vaishali, Asstt. Teacher, Govt. Middle School, Salha, P.O. Salha, District Vaishali. 23. Rajendra Pd. Ratnakar, Son of Shri Ram Lakhan Pd. Choudhary, Village Panapur Dharampur, P.O. Panapur Dharampur, P.S. Bidupur, Dist. Vaishali, Headmaster, Govt. Middle School, Agarpur Urdu, P.O. Lalganj, District Vaishali. 24. Parmanand Singh, Son of late Ram Chandra Singh of Village Bahsi, P.O. Kadilpur, P.S. Jandahi, District Vaishali, Asstt. Teacher, Govt. Primary School, Sarai 4 Dhanesh, P.O. Sahdaiya, Bujurg, Dist. Vaishali. 25. Binda Roy, Son of Shri Kangali Roy of Village Laakhanpur Tal, P.O. Desari, P.S. Desari, Dist. Vaishali, Asstt. Teacher Middle School, Bazidpur, P.O. Bazidpur, Saidad, District Vaishali. ----- Petitioners Versus 1. The State of Bihar through the Commissioner cum-Secretary, Secondary, Primary and Adult Education Department, Vikas Bhawan, Patna. 2. Director (Primary Education)Bihar, Secondary Primary and Adult Education Department, Vikash Bhawan, Patna. 3. District Education Establishment Committee through the District Magistrate cum-Chairman, Vaishali at Hajipur. 4. District Superintendent of Education, Vaishali at Hajipur. -------- Respondents ----------- 07/ 30.08.2011 Having regard to the fact that the petitioners' grievance against the impugned order contained in Annexure-1 series is based on non compliance of the principles of natural justice, this Court would find it expedient in the ends of justice to quash the impugned orders with a consequential direction to the District Superintendent of Education (now District Programme Officer, Vaishali at Hazipur) to issue fresh show cause notice in 5 continuation to the direction given by the District Superintendent of Education dated 19.03.1997 (Annexure-7) and pass a reasoned order only after affording an opportunity of hearing to the petitioners. As is well known that the promotion/filling up the post of I.Sc sanctioned post of teachers, which came to be abolished w.e.f., 01.01.1986 in view of 1993 Rules, the Competent Authority will go into the question as to whether the petitioners of C.W.J.C No. 1414 of 1989 Vishwanath Prasad Singh & Ors and other 32 persons were denied I.Sc pay scale on account of illegal promotion given to the petitioners. This Court could have decided petitioners' claim to be senior to Vishwanath Prasad Singh and 31 others but then as the petitioners are not in a position to justify their such claim in absence of their initial appointment letters in matric trained pay scale teacher or their order promotion in the I.Sc trained scale of pay which have not been brought on record by the petitioner. In such a situation like this where 32 persons 6 had come to this Court in C.W.J.C NO. 1414 of 1989 and the issue was remitted back to the Director of Primary Education, the latter ought to have directed the District Superintendent of Education, Vaishali to pass necessary order only after affording opportunity of hearing to the petitioners. As a matter of fact in the absence of power vested in District Superintendent of Education he could not have exercised the power of District Education Establishment Committee. The D.S.E., Vaishali infact was under obligation to place such matter before the District Education Establishment Committee for taking its final decision. Since this Court has quashed Annexure-1 only on the ground of violation of principles of natural justice, it would also give liberty to the District Education Establishment Committee to go into the comparative claim of the petitioners and Vishwanath Prasad Singh & Ors and if it is found that the petitioners' appointment in the Matric trained post of teachers was followed by an order of their promotion in I.Sc. Trained scale of pay in conformity of 7 the then existing valid Rules and further that Vishwanath Prasad Singh and others were junior to the petitioners, the date of promotion of the petitioners in the I.Sc trained Scale of pay shall not be shifted. If however it is found that the petitioners were not fulfiling the norms and eligibility for grant of promotion in I.Sc trained scale and such promotions were itself contrary to the existing Rules and the norms of seniority were not followed in grant of such promotion, the competent Authority will pass appropriate orders to this effect communicating the reason for such shifting of date of promotion of the petitioners in I.Sc. trained scale of pay from 01.04.1981 to 01.04.1985. Any financial benefit to the petitioners would also abide by the fresh decision to be taken by the District Education Establishment Committee. Since recovery of the excess amount paid to the petitioners in view of the impugned orders was stayed by this Court, it would also direct that no recovery shall be made from the petitioners till the aforesaid final 8 decision is taken by the District Education Establishment Committee. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)