UDAY SHANKAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In these writ petitions, the petitioners have prayed for quashing the order issued by letter No. 838 dated 16.03.2012 by the Law Secretary, Government of Jharkhand, whereby the monetary benefit paid on account of Modified Assured Career Progression (MACP for short) has been sought to be recovered from the salary of the petitioners. The petitioner have also prayed for quashing the order issued by letter No. 985 dated 27-03-2012, whereby the confirmation of grade pay of Rs. 4200/- fixed on the basis of the benefit of MACP has been cancelled. The petitioners are the employees of civil j Courts. They were given benefit of MACP. On that basis their grade pay was fixed at Rs. 4200/-. The order was confirmed by the Department. By the impugned order dated 27.03.2012, the confirmation order has been cancelled. By another impugned order dated 16.03.2012, the amount of the MACP paid to the petitioners has been sought to be recovered from the salary of the petitioners in one go.

(2.) The impugned orders have been challenged on the ground that the order reducing the pay scale of the petitioners without informing them any reason and giving them any opportunity to explain is arbitrary and illegal and the same is violative of principle of natural justice. The order of recovery of the amount paid on the basis of pay fixation in view of the benefit of MACP, is punitive in nature and the same cannot be passed without following due process of law and the principle of natural justice. The orders are vitiated and unsustainable in law.

(3.) Learned AAG appearing on behalf of the respondents, although opposed the writ petitions, has not disputed the said contentions and legal position. He has explained that though no reason was assigned in the impugned orders, the same have been explained in the counter-affidavit.