Supreme Court of India · 2008-12-16
Syed Abdul Qadir & Ors vs State Of Bihar & Ors
- Citation / case number
- 2009 LAB IC 1588
- Court
- Supreme Court of India
- Petitioner
- Syed Abdul Qadir & Ors
- Respondent
- State Of Bihar & Ors
- Author
- B.N. Agrawal
- Bench
- G.S. Singhvi, Harjit Singh Bedi, B.N. Agrawal
Judgment text excerpt
The Supreme Court upheld the Patna High Court's decision regarding the applicability of the Office Order dated 16.11.2000, which mandated that the fixation of pay scales for Assistant Teachers in Nationalised Schools be governed by Fundamental Rule 22(1)(a)(2) instead of FR 22-C. The Court ruled that the Office Order applied retrospectively, allowing for the recovery of excess payments made to employees without interest in instalments. This judgment clarifies the interpretation of the relevant service rules and the authority of the State Government in determining pay scales under the Bihar Nationalised Secondary School [Service Condition] Rules, 1983.