OM PRAKASH GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the order as contained in Memo No.130 dated 05.02.2013, passed under the signature of respondent no.4 (Annexure-11) whereby the claim of the petitioner in terms of order dated 18.12.2012 passed in W.P.(S) No.5196 of 2009 by this Court has been rejected and also for quashing the order contained in Memo No.2199 dated 06.09.2010 (Annexure-5), whereby the benefit of Assured Career Progression (hereinafter referred as ACP) granted to the petitioner with effect from 19.09.1990 has been cancelled and shifted to 24.07.2003 and further order to recover the amounts in lieu of A.C.P granted to the petitioner in spite of the fact that the said ACP was approved by the Divisional Commissioner, Hazaribagh.

(3.) The facts relevant for disposal of the instant writ application are that the petitioner was initially appointed in the month of December, 1971 and superannuated from service on 31.07.2009. In the light of recommendation of the Finance Department, the scale of the petitioner has been fixed in the pay scale of Rs.9300-34,600/- with effect from 01.01.2006 and also provided increments with effect from 01.07.2006, 01.07.2007 and 01.07.2008 respectively vide order dated 20.03.2009 (Annexure-1). The petitioner has also been provided the last increment with effect from 01.07.2009.