PRAWIN KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent Sate.

(2.) The petitioner is aggrieved by the order contained in Memo No. 366 dated 14.3.2014 (Annexure-15) passed by Superintending Engineer, Building Circle, Hazaribag (respondent No. 3), whereby the earlier decision of the State Government to the effect that the petitioner was not entitled to 1st and 2nd ACPs with effect from 9.8.1999, as he had not passed the departmental Accounts examination, has been upheld. By the said order, the action of the State Government directing recovery of the amount already paid to the petitioner due to wrong fixation of 1st and 2nd ACPs was also upheld. This order was passed in compliance of the earlier order of this Court passed in W.P.(S) No. 2751 of 2010.

(3.) The facts of the case lie in a narrow compass. The petitioner had joined the service as Correspondence Clerk on 23.7.1971. He was given promotion to the Junior Selection Grade with effect from 31.8.1985, which was subsequently corrected with effect from 1.4.1981. The petitioner was given the benefits of 1st and 2nd ACPs with effect from 9.8.1999 and the pay scale of the petitioner was also fixed accordingly. Subsequently, by letter dated 22.1.2010, notice was issued to the petitioner asking the petitioner as to why the ACP benefits given to him be not cancelled on account of non-passing the departmental Accounts examination. The petitioner submitted his reply and after consideration of his reply, order contained in Memo No. 347 dated 13.2.2010 was issued by the respondent No. 3, Superintending Engineer, Building Circle, Hazaribag, whereby the benefits of ACPs granted to the petitioner with effect from 9.8.1999 were cancelled and the recovery was directed to be made from his salary accordingly.