LexSYED ABDUL QADIR & ORS. versus STATE OF BIHAR & ORS.
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[2008] 17 S.C.R. 917 SYED ABDUL QADIR & ORS. v. STATE OF BIHAR & ORS. (Civil Appeal Nos. 3351-3354 of 2003) DECEMBER 16, 2008 [B.N. AGGARWAL, HARJIT SINGH BEDI AND G.S. SINGHVI, JJ.] A B Service law - Pay fixation of, on promotion to higher! selection grade - Assistant teachers of Nationalised Schools c in Bihar - Anomaly in pay fixation - Resolution of 18. 12.1989 by State laying down criteria for pay revision of teachers on basis of FR.22-C - Said rule providing for grant of additional increment on promotion to higher post carrying duties and responsibilities of greater importance - However, before the . D said Resolution came into force, FR 22-C was deleted and FR.22(/)(a)(1), FR.22(/)(a)(2) inserted - Subsequently, Resolution of 20.2.1993 that pay to be fixed as per r. 78(ii) - High Court holding that said Resolution applicable prospectively - Despite amendment, Government of Bihar reiterating that pay to be fixed as per FR. 22-C and instances E of pay fixation thereunder - Office Order to re-fix pay under FR.22(/)(a)(2) and recover excess payment made from the date of initial fixation of pay under FR.22-C - Challenge to - Held: FR.22(/)(a)(1) and FR.22(1)(a)(2) would apply to teachers and not FR.22-C which was not in existence on the date of F Resolution - Teachers were not discharging any duties and i responsibilities of greater importance on their promotion to higher post/grade - Amended provisions would apply prospectively and not retrospectively - Excess amount paid due to wrong interpretation of the Rule - Inaction, negligence G and carelessness of officials of Government of Bihar created all chaos - Thus, direction for recovery of amount paid in · excess to teachers s$t aside - Bihar Service Code - r. 78(ii). Appellants are Assistant Teachers of Nationalised 917 H 918 SUPREME GOURT REPORTS .[2008] 17 S.C.R. , · A Schools in Bihar. They are controlled by Government of Bihar. The secondary school teachers of the Nationalised Schools were categorised. The hierarchy of promotion of these teachers was from the post of Assistant Teacher Junior Gr.ade to Subordinate Grade, then to the Selection B Grade and finally to Head Master. There was anomaly in the pay scales of teachers. The Government of Bihar passed a Resolution dated 18.12.1989 with regard to revision of pay scales of teachers of Nationalised Schools based on the recommendations of the 4th Pay C Revision Committee. The said recommendations were made applicable to all the teachers who were in service on 01.01.1986 and those who joined or were promoted thereafter. Clause 13 of the Resolution laid down the principles of fixation of pay in the revised pay scales in case of promotion. Clause 13(vii) provided that the D existing procedure of fixation of pay on promotion would cease to be· applicable to teachers in the revised pay- scales w.e.f. 1.1.1986 and pay fixation on promotion would be governed by FR.22-C. However, before Resolution dated 18.12.1989 came into force, by gazette I E notification of Government of India dated 30.08.1989, FR 22-C was deleted and FR.22(1)(a)(1) and FR.22(1)(a)(2) was inserted in its place. On 20.2.1993, Government of Bihar, issued another Resolution that pay of the teachers, on completion of 12 years of service in the basic grade was F to be fixed as per Rule 78(ii) of the Bihar Service Code even tho.ugh under Rule 78(ii) there was no provision for grant of an additional increment on promotio~ to the higher post carrying duties and responsibilities of greater importance as in FR.22-C. Some of the elementary school teachers challenged G the Resolution dated 20.2.1993. Single Judge of High ( Court held that the Resolution .. dated 20.2.1-993 would come into effect only prospectively and was not applicable in the matter of fixation of pay on promotion/ conversion granted prior to 20.2.1993. Aggrieved, State H of Bihar filed letters patent appeal which was dismissed SYED ABDUL QADIR & ORS. v. STATE OF BIHAR & 919 ORS. on merits. State of Bihar did not challenge the same A before this Court. Meanwhile, as pay on promotion was -"· ~ being fixed in terms of FR.22-C, Government of Bihar, on 16.11.00 issued Office Order stating that pay fixation in terms of FR.22-C was irregular and illegal. It directed all: the principals/headmasters of Nationalized Schools to re- B fix the pay of the teachers in terms of provisions ot FR.22(1)(a)(2) and rec
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