LAWS(JHAR)-2021-12-80

ANIL KUMAR GUPTA Vs. STATE OF JHARKHAND

Decided On December 06, 2021
ANIL KUMAR GUPTA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant writ application has been preferred by the petitioner praying therein for quashing of the Letter No. 1711 dtd. 1/6/2011 (Annexure-5) issued by respondent No.5; whereby the benefits of 1st A.C.P which had been granted to the petitioner w.e.f 14/12/1999 as per the decision of Departmental Screening Committee vide Govt. Memo No. 1171 dtd. 27/7/2007 (Annexure-4) issued by the respondent No.4 has been recalled and an order has been passed by respondent No.5 to grant the benefits of 1st A.C.P to the petitioner w.e.f. 9/2/2006 with a further order to recover the excess amount paid to the petitioner as salary after re-fixing the salary of the petitioner.

(3.) The brief facts of the case is that after being successful in graduate level limited competitive examination held in the year 1985, the petitioner was recommended by the Bihar State Subordinate Selection Board for his appointment as Co-operative Extension Officer along with 11 other persons in Co-operative Department, Bihar, Patna. Pursuant thereto; he was appointed as Co-operative Extension Officer and was posted in the office of Joint Registrar, Co-operative Societies, Kosi Division, Saharsa vide Govt. Letter dtd. 9/12/1987, which he joined on 14/12/1987. Subsequently, the petitioner was posted in Vaishali district and after getting permission from the concerned department he appeared in the competitive examination held by Bihar Public Service Commission and after being selected was recommended for his appointment on the post of Supply Inspector in Food, Supply and Commerce Department, Bihar vide Letter No. 414 dtd. 30/11/1993 issued by the Secretary, Bihar Public Service Commission and finally the petitioner was appointed as Supply Inspector in the scale of Rs.1600.00 2780/- vide Govt. Memo No. 340 dtd. 22/1/1994. Thereafter, the petitioner was relieved from the Co-operative Department to join on the new post of Supply Inspector in Food, Supply and Commerce Department, Bihar.