Sunder Lal and Others vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—The petitioners, who are five in numbers, were posted as Head Teacher, Junior Basic Teachers and Physical Training Instructor, in the various schools under the District Primary Education Officer, Jhajjar. They prayed for quashing of Show Cause Notices dated 25.7.2007 (Annexure P3) and dated 18.8.2007 (Annexure P4). The Show Cause Notice dated 25.7.2007 (Annexure P3) was issued by Block Education Officer, Mattan Hail, District Jhajjar, wherein it was stated that in compliance with the order, passed by the Director, Elementary Education, Haryana, Chandigarh, it was decided to withdraw Junior Secondary Teacher Grade (hereinafter referred to as "JST Grade") and also the arrears, paid in lieu of the grant of the said grade, retrospectively. It was also proposed to recover salary, paid in excess due to wrong grant of JST Grade. It was further stated in the notice that Civil Appeal No. 4861 of 1997 titled as "State of Haryana v. Sumitra Devi" 2004 (1) RSJ 552 was accepted by the Hon''ble Apex Court on 6.11.2003 and it was held therein that JST Grade, was admissible, to only those teachers who acquired higher qualification during the period of their service and not prior to joining of service. The petitioners to the present writ petition had acquired higher qualification before joining Government service. Thereafter, they were granted JST Grade from the date of their joining Government service, which according to the Government was wrongly done in compliance of the decision of this Court in Civil Writ Petition No. 16208 of 1996 which was lateron set aside in Sumitra Devi''s case (supra) by Hon''ble Apex Court.

To similar effect, Show Cause Notice dated 18.8.2007 (Annexure P4) was issued.

The State of Haryana, in its written statement, has taken a stand that in view of the order passed by the Hon''ble Apex Court, JST Grades, granted to the petitioners, were withdrawn, therefore, their scale was reduced and their salary was re-fixed at lower stages and thus, the recovery from them was to be effected.

The following table shows the date of appointment, date of acquiring qualification and award of the JST Grade:

Name of the Date of regular Date of Date of petitioner appointment acquiring awarding of Higher JST Grade Qualification Sunder Lal 01/01/1979 20/07/1970 12/12/1973 Dulari Devi 30/10/1988 1980 05/12/1985 Mahabir Singh 16/09/1982 1976 16/09/1982 Nirmala Devi 01/11/1986 18/10/85 18/10/1985 Kartar Singh 23/08/1983 1973 08/83

It is apparent that the petitioners were granted JST Grade to comply with the mandate of this Court, which was lateron reversed by the Hon''ble Apex Court. There was no misrepresentation, deception or wrong committed by the petitioners.

The present writ petition was listed along with Civil Writ Petition No. 2799 titled as "Budh Ram and Ors. v. State of Haryana and Ors.", decided on 16.8.2010, wherein a Full Bench of this Court has held that in case the amount has been paid to an employee under bonafide mistake and there is no fault, misrepresentation or deception on the part of the employee, such an amount cannot be recovered.

Accordingly, the present writ petition is accepted. The Show Cause Notices dated 25.7.2007 (Annexure P3) and dated 18.8.2007 (Annexure P4) are quashed. It is further directed that no amount shall be recovered from the petitioners which were paid to them by granting JST Grade, under the bonafide mistake.