TRIVENI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing office order dated 14.03.2011 whereby the petitioner has been communicated that due to non-passing of Accounts examination, 1st Time Bound Promotion granted to him w.e.f 26.06.1990 and the benefit of ACP Scheme w.e.f 09.08.1999 is cancelled and it has been decided to recover the excess amount paid to him; and for quashing office order dated 21.08.2008 whereby it has been decided to recover Rs. 1,04,027.00 from the petitioner which was paid to the petitioner in lieu of benefit of ACP granted to him in between 15.11.2000 to 31.07.2008.

(2.) The facts, in brief, is that the petitioner was initially appointed on the post of Correspondence Clerk on 26.08.1980 in the Works Division of Rural Development Department, now known as Rural Engineering Organization. It has further been averred that since the petitioner had not been granted regular promotion in his cadre during his entire service tenure, he was granted his 1st Time Bound Promotion w.e.f 26.08.1990 vide memo dated 05.01.1991. Thereafter, the Government of Jharkhand introduced the scheme of Assured Career Progression vide notification dated 14.08.2002, consequently, the petitioner was granted A.C.P vide memo dated 26.10.2002 w.e.f 09.08.1999. But, to the utter surprise, the petitioner received office order dated 21.08.2008, whereby it was informed that since he had been granted the benefit of ACP without passing the Accounts Examination as such it has been decided to recover the financial benefit to the tune of Rs. 1,04,027.00 which was paid to him in between 15.11.2000 to 31.07.2008 in installments. Thereafter, the office order dated 14.03.2011 was issued whereby the petitioner was communicated that due to non- passing of the Accounts examination, 1st Time Bound Promotion as also A.C.P granted to him is cancelled and it has been decided to recover the excess amount paid to him.

(3.) Heard Ms. Ritu Kumar, learned counsel for the petitioner and Ms. Chandra Prabha, learned S.C. IV for the respondents.