IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12139 of 2008 1. RAJESH KUMAR, SON OF LATE SHIWAJI RATHOUR, RESIDENT OF MOHALLA IMALICHATI, P.O. & P.S. BRAHMPURA, DISTRICT MUZAFFARPUR, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, SAMASTIPUR, DISTRICT SAMASTIPUR. 2. KUNDAN KUMAR SINGH SON OF SHRI BHOLAN PRASAD SINGH, RESIDENT OF VILLAGE BHOTIYA, P.O. CHAPRAM, P.S. SIMRI BAKHTIARPUR, DISTRICT SAHARSA AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR PURNEA, DISTRICT PURNEA. 3. SATYA PRAKASH GUPTA SON OF SHRI VISHWANATH PD. GUPTA,RESIDENT OF VILLAGE PATEL NAGAR KANHAULI, KHADI BHANDAR ROAD, P.O. AND P.S. RAMMA, DISTRICT MUZAFFARPUR, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR SITAMARHI, DISTRICT SITAMARHI. 4. ARWIND KUMAR SON OF LATE RAMSEWAK PRASAD, RESIDENT OF S-393, P.O. AND P.S. DALMIANAGAR, DISTRICT ROHTAS AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR KAIMUR, DISTRICT KAIMUR. 5. GAJENDRA KUMAR BHARATI SON OF SHRI ANANT PASWAN, RESIDENT OF VILLAGE MADHEPURA, WARD NO.6 JAIL PRAKASH NAGAR, NEAR CHAMARA GODAM, BUS STAND P.O. AND P.S. MADHEPURA, DISTRICT MADHEPURA, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, KATIHAR, DISTRICT KATIHAR. 6. GOPALJEE SON OF SHRI CHATURBHUJ SAHAY RESIDENT OF KAILASH PURI WARD NO.10, P.O. AND P.S. DUMARA, DISTRICT SITAMARHI, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, DARBHANGA, DISTRICT, DARBHANGA. 7. SUMAN KANT JHA, SON OF SHRI PASHUPATI JHA, RESIDENT OF VILLAGE AND P.O. SUKHPUR, P.S. SUPAUL, DISTRICT SUPAUL, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, ARARIA, DISTRICT ARARIA. 8. SHAILENDRA KUMAR DEEPAK, SON OF LATE RAMYUKTA PRASAD YADAV, RESIDENT OF VILLAGE RAMNAGAR, P.O. SURIYAHI, P.S. PHULPARAS, DISTRICT MADHUBANI, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, MOTIHARI, DISTRICT, MOTIHARI. 9. SARJU PASWAN SON OF LATE YADU PASWAN, RESIDENT OF TITMO(BARA), P.O. BIRNOE, P.S. ATARI, DISTRICT GAYA, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, NALANDA, DISTRICT BIHARSHARIFF. 10. PRASHUN RANJAN SINGH SON OF SHRI GAJENDRA NARAYAN SINGH, RESIDENT OF VILLAGE AND P.O. MAUNAGRAM VIA MAHISHI, P.S. MAHISHI, DISTRICT PROGRAMME COORDINATOR SUPAUL, DISTRICT SUPAUL. 11. ARVIND KUMAR DAS SON OF LATE M.M.DAS, RESIDENT OF VILLAGE KAMALPUR, P.O. PANDAUL, P.S. PANDAUL, DISTRICT MADHUBANI, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, BHAGALPUR, DISTRICT, BHAGALPUR. 12. K.N.KARAN SON OF LATE B.N.DAS, RESIDENT OF VILLAGE KAMALPUR, P.O. HANSA, P.S. RANIGANJ, DISTRICT ARARIA, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, KISHANGANJ, DISTRICT KISHANGANJ. 13. SUSHIL KUMAR SON OF SHRI RAM EKBAL DAS, RESIDENT OF VILLAGE MAHANGAON, P.O. DHANSOIN, P.S. DHANSOIN, DISTRICT BUXAR, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, ROHTAS, DISTRICT, ROHTAS. 14. BHABESHANAND BHARTI SON OF SHRI KAMLESHWARI PRASAD YADAV, RESIDENT OF VILLAGE BHELWA, P.O. AND P.S. SIMRAHA, DISTRICT MADHEPURA, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, KHAGARIA, DISTRICT, KHAGARIA. - 2 - 15. SHANKAR DAS SON OF SHRI RAM UDGAR DAS, RESIDENT OF VILLAGE AND P.O. BELAMEGH, P.O. AND P.S. DALSINGHSARAI, DISTRICT SAMASTIPUR, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, MADHUBANI. 16. PAWAN KUMAR PASWAN SON OF SHRI JAGDEO PASWAN, RESIDENT OF VILLAGE AND P.O. MOHANPUR, P.S. KASHIPUR, DISTRICT SAMASTIPUR, AT PRESENT POSTED AND WORKDING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, BEGUSARAI, DISTRICT BEGUSARAI 17. UDAY KUMAR SON OF SHRI RAM PRASAD MISTRI, RESIDENT OF VILLAGE AND P.O. KUJAPI, P.S. CHANDAUITI, DISTRICT GAYA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, AURANGABAD, DISTRICT AURANGABAD. 18. SONELAL PASWAN SON OF SHRI BASUDEO PASWAN, RESIDENT OF VILALGE BASAULI NANTIKAR, P.S. BOCHAHAN, DISTRICT MUZAFFARPUR, AT PRESENTPOSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, SARAN, DISTRICT SARAN. 19. SATYAJEET KUMAR C/O OF A.K.P. AMBASTHA, RESIDENT OF NEW JAKKANPUR NEAR D.V.C. CHOUK, P.S. JAKKANPUR, DISTRICT PATNA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, JEHANABAD, DISTRICT JEHANABAD. 20. DR. SANJAY SINHA, SON OF LATE H.N. SINHA RESIDENT OF SHANTI NIKETAN, YARPUR, PATNA P.S. JAKKANPUR, DISTRICT PATNA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, MUZAFFARPUR, DISTRICT MUZAFFARPUR. 21. MD. MOJAHID RABBANI, SON OF M.Z. SIDDIQUI, RESIDENT OF 24, SAHARSA BASTI, P.O. AND P.S. SAHARSA DISTRICT SAHARSA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, DARBHANGA. 22. UTTAM KUMAR TIWARI SON OF LATE NARAYAN PRASAD RESIDENT OF VILLAGE SANDALPUR, P.S KASIM BAZAR, DISTRICT MUNGER, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, LAKHISARAI, DISTRICT LAKHISARAI. 23. ISHTIYAQUE AHMAD SON OF LATE ABBAS ANSARI, RESIDENT OF VILLAGE KADIRGANJ, P.O. BELHOWRA, P.S. DULHIN BAZAR, DISTRICT PATNA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, GAYA, DISTRICT GAYA. 24. SATISH KUMAR SON OF SHRI RAJ KISHORE SINGH, RESIDENT OF VILLAGE SAULI, P.O. AND P.S. BELSAND, DISTRICT SITAMARHI,, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, BETTIAH, DISTRICT WEST CHAMPARAN. 25. UMESH KUMAR GUPTA SON OF SHRI CHUNCHUN GUPTA, RESIDENT OF VILLAGE BIRPUR, P.O. AND P.S. BIRPUR, DISTRICT SUPAUL, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, SAHARSA, DISTRICT SAHARSA. 26. AMIT KUMAR SON OF LATE KAVINDRA NATH SINGH RESIDENT OF NORTH DAHIYAWAN TOLA, P.S CHAPRA, DISTRICT SARAN, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, SIWAN, DISTRICT SIWAN. 27. MANIKESH KUMAR SON OF SHRI INDRA CHANDRA PRASAD, RESIDENT OF VILLAGE +P.O. + P.S. DIGHWARA, DISTRICT SARAN, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, GOPALGANJ, DISTRICT GOPALGANJ. 28. NEERAJ KUMAR SON OF SHRI BIRENDRA KUMAR SINGH RESIDENT OF C-25 P.C. COLONY, P.S. KANKARBAGH, DISTRICT PATNA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, VAISHALI, DISTRICT VAISHALI. 29. MANOJ KUMAR SON OF LATE BASUDEO NARAYAN RESIDENT OF VILLAGE BARKI DELHA, P.S. DELHA, DISTRICT GAYA, AT PRESENT POSTED AND WORKING AS ADDITIONAL DISTRICT PROGRAMME COORDINATOR, JAMUI, DISTRICT JAMUI. - 3 - Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE STATE PROJECT DIRECTOR, BIHAR EDUCATION PROJECT COUNCIL, BELTRON BHAWAN, SHASTRINAGAR, PATNA. 4. THE ADMINISTRATIVE OFFICER, BIHAR EDUCATION PROJECT COUNCIL, BELTRON BHAWAN, SHASHTRINAGAR, PATNA. For the Petitioners : M/s Tej Bahadur Singh, Sr. Adv., Umesh Kr. Mishra, Advocats. For the Project Council : Mr. Girijesh Kumar, Advocate. For the State : Mr. Amarendra Kumar, Advocate. ----------- 05. 02.07.2010. Heard learned counsel for the petitioners and the counsel for the Bihar Education Project Council, Patna(hereinafter referred to as the Council). 2. Petitioners at the relevant time were serving as Assistant Teacher in the Government Primary School. They responded to the advertisement published by the Council in employment news dated 11-17.2.2006, Annexure- 2 for appointment on deputation against the post of Additional District Programme Coordinator. Having became successful in the selection process they were appointed on deputation on the aforesaid post. Besides petitioners being appointed on deputation others were appointed on contractual basis. Those who were appointed on contractual basis on the aforesaid post were given fixed monthly emoluments of Rs.14,072/-. Petitioners, although appointed on deputation with pay protection in terms of the clause in the advertisement requested the authorities of the Council through District Education Officer to grant them also the same emolument which was being paid to those who were appointed on contractual basis. In this connection, reference is made to paragraph-3 of the letter of the Council bearing memo No.687 dated 2.2.2007, Annexure-7 addressed to the District Superintendent of Education-cum-District Programme Coordinator to submit that appointees - 4 - on deputation who gave consent for being paid emoluments payable to the contractual appointees should also be paid the same emolument which is paid to the contractual appointees. Further reference is also made to the consent letter of petitioner no.1 forwarded by the District Superintendent of Education-cum-District Programme Coordinator under letter No. 891 dated 30.4.2007, Annexure-9 to the Director, Primary Education. Before the consent given by petitioner no.1 under Annexure-9 for payment of emoluments payable to the contractual appointees could be considered and accepted by the Project Director, it appears on 30.3.2007 the Accounts Officer and the District Superintendent of Education-cum-District Programme Coordinator fixed the emolument of petitioner no.1 at Rs.16,722/- which is payable to the contractual appointees. Later when such irregularities were brought to the notice of the Project director that without his consent higher emoluments is being fixed for those who have been appointed on deputation the Project Director proceeded to withdraw the circular letter dated 2.2.2007, Annexure-7 under his instruction bearing memo No.4135 dated 16.8.2007 contained in Annexure-19 to this application. 3. Learned counsel for the petitioners submitted that once the Project Director issued circular letter dated 2.2.2007, Anneuxre-7 seeking consent of the appointees appointed on deputation for payment of the emoluments payable to the contractual appointees he should not have withdrawn such circular and petitioners have suffered on account of withdrawal of the earlier circular and this Court should quash the subsequent circular dated 16.8.2007, Annexure-19 withdrawing the earlier circular letter dated 2.2.2007, Annexure-7. - 5 - 4. Counsel for the Council opposed the submission. He states that the circular letter dated 2.2.2007, Annexure-7 was issued beyond the contents of the advertisement as from perusal of the advertisement itself it is quite apparent that two different class of persons are sought to be engaged by the Council, one on contract basis and the other on deputation. Those engaged on contractual basis were to be offered fixed emoluments and others engaged on deputation were granted pay protection i.e. emoluments which they were getting in their parent organization as their lien was subsisting. I see substance in the submission of the counsel for the Council. Having issued the advertisement, Annexure-2 clearly stating that contractual appointees will get fixed emoluments and the deputationist will be entitled for pay protection, there was no occasion for the Project Director to subsequently call for consent from those who were appointed on deputation to accept higher emoluments payable to the contractual appointees. Contractual appointees being appointed for a limited period may have been given higher emoluments, that does not mean that the deputationist who are serving as Primary Teacher and have come to serve the project on deputation should also be given the same emoluments, which is admissible to contractual appointees. In the circumstances, the subsequent circular recalling the earlier circular does not infract any of the legal rights of the petitioners, which is protected by the clauses of the advertisement. Accordingly, I do not find any merit in the writ application, which is dismissed. Rajesh/ (V.N.Sinha,J.)