ALI HUSSAIN ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) W.P. (S) No. 5548 of 2012 In the instant writ application, the petitioner has inter alia, prayed for quashing office order dated 28.06.2012 by which the first ACP granted to the petitioner has been withdrawn and further for confirming the first ACP granted to the petitioner and also to grant second ACP due to the petitioner with all consequential benefits.

(2.) The facts, as delineated in the writ application, in a nutshell is that the petitioner, who was initially appointed as a clerk in District Mining Office, Bokaro on 04.01.1971, was granted first time bound promotion w.e.f 28.07.1989 in the pay - scale of Rs. 5000 -8000/ -. It has been averred that though the petitioner could not clear the departmental accounts examination but continued to render his services to the satisfaction of all concerned. But, to the utter surprise to the petitioner, vide memo dated 06.08.2010 an explanation was sought from the petitioner as to why the first ACP granted to him be not recalled and alleged excess payment be not recovered from him, to which, petitioner replied vide letter dated 21.08.2010. However, on and from August, 2010, the petitioner was getting salary in the pay -scale of Rs. 4000 -6000/ - awaiting the result of decision of the department pursuant to departmental letter dated 06.08.2010. In the meantime, the petitioner retired on 31.10.2011 on attaining the age of superannuation. It has been averred that after his retirement, the petitioner on several occasions requested the respondents for confirmation of first ACP as well grant to second ACP. But to the utter surprise and dismay of the petitioner, he was served with office order dated 28.06.2012, by which, the first ACP granted to the petitioner vide office order dated 31.03.2005 was cancelled and alleged excess amount paid to the him has been ordered to be recovered from him on the ground that he has not passed the departmental examination. Being aggrieved, the petitioner preferred the present writ application, in which, this Court vide order dated 09.10.2012 granted interim relief to the effect that no recovery from the petitioner pursuant to order dated 28.06.2012 shall be made.

(3.) Learned counsel for the petitioner submitted that even the pension and gratuity of the petitioner was withheld awaiting decision of the department pursuant to office order dated 28.06.2012, for which, the petitioner has preferred a separate writ application, being W.P. (S) No. 7668 of 2013.