SARABJEET NARAYAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing portion of office order dated 30.10.2010 whereby second Assured Career Progression benefits (ACP) granted in favour of petitioner w.e.f 09.08.1999 has been cancelled and 1st ACP benefits has been accepted from the said date on the erroneous ground that the petitioner has not been passed Hindi and Excise Rule and Procedure (Higher level). Further prayer has been made to restrain the respondents from recovering any amount from the retiral benefits of the petitioner.

(2.) The facts, in brief, is that the petitioner was initially appointed on the post of Assistant Sub Inspector, Excise and was posted vide order dated 21st July, 1975 in the district of West Champaran. By passage of time, in the year 1980 he appeared and passed the departmental examination for the post of Sub Inspector Excise and thereafter vide memo dated 06.06.1989, he was authorized to work as Sub Inspector, Excise in the pay-scale of Assistant Sub Inspector, as evident from the extracts of service book, though he was not given regular promotion. In the meantime, from 09.08.1999 he became entitled for A.C.P after completion of 24 years of service. However, vide memo dated 24.06.2005, the petitioner was granted 2nd A.C.P benefit w.e.f 09.08.1999 and the monetary benefit was given w.e.f 15.11.2000 along with other persons. It has further been averred that the petitioner on attaining the age of superannuation retired on 31.07.2010 and after his retirement, he came to know about memo dated 30.10.2010 whereby second Assured Career Progression benefits (ACP) granted in favour of petitioner w.e.f 09.08.1999 has been cancelled, which is impugned in this case.

(3.) Heard Mr. Afaque Ahmad, learnd counsel for the petitioner and Ms. Chandra Prabha, learned S.C. IV being assisted by Mr. Rohit, A.C to learned S.C. IV for the respondents.