JUDGMENT : In the instant writ petition, the petitioner has sought for quashing the impugned memo dated 06.03.2013 passed by the then Director, Primary Education-cum-Joint Secretary, Jharkhand, whereby the pay scale of Rs.680-965/- to the petitioners from the date of their appointment has been denied. 2. The brief facts, as disclosed in the writ petition, are that in pursuance of advertisement published by the District Superintendent of Education, Santhal Pargana, Dumka, now Godda in the daily newspaper “Aryabart” dated 07.04.1981 for appointment against the sanctioned 30 I.Sc. and 30 B.Sc. units, the petitioners having possessed requisite qualification of B.Sc. untrained applied for appointment and after interview and having been found qualified and eligible were appointed as I.Sc. and B.Sc. untrained teachers by the then District Superintendent of Education, Sahibganj(Now Godda) in the year 1983 and they were posted in different schools in initial stage of Matric Untrained scale i.e. Rs.535-765/-per month. It has been further submitted that the Education Commissioner of the erstwhile State of Bihar vide letter dated 20.11.1982 had directed all the District superintendent of Education of the State to grant I.Sc. Trained and B.Sc. untrained scale of Rs.730-1080/- and Rs.680-965/- respectively to such appointed teachers, who were appointed as stipendiary teacher on 01.09.1982 or thereafter, as evident from Annexure-2 to this petition. In the light of the said letter dated 20.11.1982, the petitioners, who possessed qualification of B.Sc. untrained, were granted untrained B.Sc. Scale of Rs.680-965/- from the date of their joining by the District Superintendent of Education, Godda. Thereafter, the pay of the petitioners was fixed by their respective Headmasters, the concerned Area Education Officers and also by the District Superintendent of Education, Godda and the same was also approved by the Finance Department i.e. District Account Officers. In support thereof, a letter being no.232 dated 14.12.2005 issued by the District Accounts Officer, Godda by which the District Superintendent of Education, Godda was also informed that the B.Sc. Untrained scale of Rs.680-965/- granted to the petitioners are in accordance with the Government Rules and Circulars. It has been further submitted that the then Director, Primary Education, Bihar, Patna vide letter dated 28.11.1990 in the light of the judgment of the Hon'ble Patna High Court passed in C.W.J.C. no.905/1983 dated 01.08.1983 has directed all the District Superintendent of Education of the erstwhile State of Bihar to grant untrained B.Sc. It has been further submitted that the then Director, Primary Education, Bihar, Patna vide letter dated 28.11.1990 in the light of the judgment of the Hon'ble Patna High Court passed in C.W.J.C. no.905/1983 dated 01.08.1983 has directed all the District Superintendent of Education of the erstwhile State of Bihar to grant untrained B.Sc. Scale of Rs.680-965/- to those teachers, who were appointed on stipendiary basis, as evident from Annexure-3 to this petition. It has been further submitted that the then District Superintendent of Education, Godda pursuant to direction of the Director, Primary Education, Bihar has issued letter to the Headmasters of Godda district to fix the B.Sc. untrained scale of Rs.680-965/-and untrained I.Sc. scale of Rs.535-765/- to such teachers, who were appointed against the sanctioned units of I.Sc. and B.Sc. vide letter dated 18.06.1991(Annexure-4 to this petition). After such a long time in the year,2005, the petitioners were directed by the District Superintendent of Education, Godda to file their representations regarding justification of granting B.Sc. untrained scale of Rs.680-965/- vide letter dated 20.05.2005 and pursuant to the same, petitioners filed detailed representations along with supporting Government's letter and also the judgment of Hon'ble Patna High Court justifying their scale of Rs.680-965/-, which was already granted far back more than decades, by the respective District Superintendent of Education itself and there was no illegality in granting the same. Vide letter dated 24.08.2005, the then District Superintendent of Education, Godda without considering the Government's Circulars and judgment of Hon'ble Patna High Court, has rejected their claims with a direction to get their pay scale fixed in lower scale and also with a direction to adjust the excess amount by installment basis and till fixation of their pay in lower scale (Annexure-5 to this petition) and soon after receipt of the said letter dated 24.08.2005, the petitioners submitted detailed representation before the District Superintendent of Education, Godda on 01.09.2005, justifying their claim. Thereafter, the petitioners and others had preferred writ petition being W.P.(S) no.4578 of 2006 (Umesh Ram Das Vrs. State of Jharkhand & others). It was heard on 25.04.2012 and the same was remanded to the respondent no.5 for deciding the same considering the letter dated 20.11.1982 and letter dated 28.11.1990. Thereafter, the petitioners and others had preferred writ petition being W.P.(S) no.4578 of 2006 (Umesh Ram Das Vrs. State of Jharkhand & others). It was heard on 25.04.2012 and the same was remanded to the respondent no.5 for deciding the same considering the letter dated 20.11.1982 and letter dated 28.11.1990. In pursuance of the order passed in the aforesaid writ petition, the petitioners had filed Contempt (Civil) Case no.130 of 2013 and during pendency of the contempt case, the then Director, Primary Education, Jharkhand has passed order dated 06.03.2013(Annexure-7 to the writ petition). 3. Being aggrieved by the impugned order dated 06.03.2013(Annexure-7), the petitioners left with no other alternative and efficacious remedy, have approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievance. 4. Learned counsel for the petitioners, during course of hearing, has submitted that the impugned order(Annexure-7) has been passed without considering the relevant letters dated 20.11.1982(Annexure-2) and 28.11.1990(Annexure-3) and on this score alone, the impugned order is liable to be interfered with. Learned counsel further submits that the case of the petitioner is squarely covered by the decision rendered in W.P.(S) no.4533 of 2006 and, therefore, they are entitled for the same benefits. 5. Per contra, learned J.C. To G.P.IV appearing on behalf of the State has tried to defend the action of the respondents vide Annexure-7 to this petition. Learned counsel for the State has submitted that the initial appointment of the petitioners was itself illegal, inasmuch as, in the appointment letter of the petitioners, there was no mention that they were given pay scale of Rs.680-965/- and, in fact, by the impugned order dated 06.03.2013 after hearing the petitioners the respondents have come to a conclusion that there was no occasion for grant of such pay scale to the petitioners and moreover, in the school in which the petitioners were appointed, there was no sanctioned post of B.Sc. Untrained teacher. Therefore, the case of the petitioners has been rightly rejected by the respondents(Annexure-7 to this petition). 6. From the pleadings of the respective parties, the fact, which had emerged from the aforesaid pleadings is that in pursuance of advertisement dated 07.04.1981 published in the daily newspaper “Aryabart”, the petitioners having possessed requisite qualification of B.Sc. untrained, applied for appointment and after interview and having been qualified, appointed as I.Sc. and B.Sc. 6. From the pleadings of the respective parties, the fact, which had emerged from the aforesaid pleadings is that in pursuance of advertisement dated 07.04.1981 published in the daily newspaper “Aryabart”, the petitioners having possessed requisite qualification of B.Sc. untrained, applied for appointment and after interview and having been qualified, appointed as I.Sc. and B.Sc. Untrained Teachers by the then District Superintendent of Education, Sahibganj(now Godda) in the year 1983. Pursuant to such appointment, The Education Commissioner of the erstwhile State of Bihar vide letter dated 20.11.1982 had directed all the District Superintendent of Education of the State to grant I.Sc. Trained and B.Sc. Untrained scale of Rs.730-1080/- and Rs.680-965/-respectively to such appointed teachers, who were appointed as stipendiary teacher on 01.09.1982 or thereafter and Annexures-3 & 4 to this petition would disclose that the petitioners had been granted B.Sc. Untrained scale of Rs.680-965/-, but after a long lapse of time in the year 2005, the petitioners were directed by the District Superintendent of Education, Godda to file representations regarding justification of granting B.Sc. Untrained scale of Rs.680-965/-, but the District Superintendent of Education, Godda without considering the relevant Government Circulars and without considering the judgment of the Hon'ble Patna High Court, has rejected their claims with a direction to get their pay scale fixed in lower scale and also with a direction to adjust the excess amount by installment basis. The petitioners left with no other alternative and efficacious remedy, have approached this Court by filing writ petition being W.P.(S) no.4578 of 2006 and this Court vide order dated 25.04.2012 directed the Director, Primary Education, Jharkhand, Ranchi to consider the case of the petitioners in the light of relevant circulars. But without appreciating the relevant circulars and the order passed by the Hon'ble Patna High Court in C.W.J.C. no.905 of 1983 dated 01.08.1983, the impugned order has been passed by the respondents. After a long lapse of time, the respondents have raked up an issue, but the scale of pay, which has been granted to the petitioners, is not on account of misrepresentation or fraud on the part of petitioners. In the case of 'State of Punjab & others Vrs. After a long lapse of time, the respondents have raked up an issue, but the scale of pay, which has been granted to the petitioners, is not on account of misrepresentation or fraud on the part of petitioners. In the case of 'State of Punjab & others Vrs. Rafiq Masih(White Washer) and others' reported in [ (2015) 4 SCC 334 ], certain eventualities were contemplated with respect to recovery of excess amount from the employee than their entitlement and the same were delineated in the following manner: “18. It is not possible postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from the employees belonging to class III and Class IV service(for Group C and Group D service). (ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery. (iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would for outweigh the equitable balance of the employer's right to recover.” 7. Therefore, the action of the respondents in passing the impugned order dated 06.03.2013(Annexure-7 to this petition) in absence of misrepresentation or fraud on the part of the petitioners is not legally sustainable. 8. In such circumstance, issuance of order dated 06.03.2013 (Annexure-7) being arbitrary and colourable exercise of power on the part of the respondents is hereby quashed and set aside. 9. Resultantly, this writ petition stands allowed.