DEO NARESH DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed the writ petition seeking quashing of order dated 10.12.2008, whereby recovery of excess payment allegedly made to the petitioner has been ordered. The petitioner was appointed as Mines Inspector on 26th March, 1973 and he superannuated from service with effect from 31st October, 2007. As the petitioner was not given promotion in his entire service career, the petitioner was entitled for grant of benefit under Accelerated Career Progression Scheme after completion of 12 years of service and again on competition of 24 years of service. Accordingly, vide order dated 31st March, 2005, the petitioner was given Scale of Rs. 6,500-10,500 as first A.C.P. He was further granted Scale of Rs. 10,000-15,200 on account of benefit for second A.C.P. Such fixation of scale of pay of the petitioner on account of first and second A.C.Ps has been confirmed by the Department of Mines and Geology vide its letter dated 24th May, 2007.

(2.) After the petitioner superannuated, office order dated 10.12.2008 was issued which indicates that by Memo No. 705 dated 23rd May. 2008 the scale of pay given to all Mines Inspectors on account of first and second A.C.P. has been refixed in the Scale of Rs. 5500-9000 and 6500-10,500 and therefore, excess amount which has been paid to the petitioner was ordered to be recovered.

(3.) A counter affidavit has been filed on behalf of respondent nos. 2 and 4 taking stand that resolution dated 18.12.2007 of the Finance Department, Government of Jharkhand prescribes that posts or group of posts of particular cadre which do not have recruitment and promotion Rules or post which has not been formulated in existing Rules for promotion but fixation of percentage of post of State service/cadre are earmarked for promotion in the cadre will not be considered as ladder post for promotional benefits under A.C.P. Scheme.