2017 LAB. I. C. 2212 ::(2018) 4 Pat LJR 556

Patna High Court

Hon'ble Judge(s): Ajay Kumar Tripathi, Nilu Agrawal , JJ

(A) Bihar Primary Education Act (1 of 1919) S. 18 — Pay scale — Entitlement — Physical Education of Trained Teacher having not completed teachers training course — Not entitled to get salary of post of Matric Trained Teacher in Govt. primary school.

(B) Bihar Primary Education Act (1 of 1919) S. 18 — Recovery of excess payment — Physical Education Trained Teacher of primary school not possessing requisite qualification of teachers training course paid salary in pay scale of trained teachers — He was allowed to draw advantage for over 20 years — Sudden decision to make recoveries when even his pay scale had been reduced would be harsh financially on his family and children — Order of recovery quashed. (Paras 11, 12)