(1.) Since in both the writ applications common question of facts and law are involved hence, with the consent of the respective parties, they are being heard together and are being disposed of by this common order/judgment.
(2.) In W.P. (S) No. 4573 of 2016, the petitioner has inter alia prayed for quashing the recovery notice dated 30.06.2016, whereby the petitioner is directed to refund an amount of Rs. 2,44,063 as per Officer Order dated 5.12.2015 in view of objection made by District Account Officer vide letter dated 24.06.2016; and further for quashing letter dated 28.03.2014 whereby, it is informed that 2 nd MACP granted to the petitioner cannot be confirmed on the ground of non-passing of Departmental Examination required for grant of 2nd MACP; and also for direction upon the respondents, in particular respondent no. 2 to confirm the 2nd MACP given to the petitioner vide office order dated 21.12.2011.
(3.) The facts, as delineated in W.P. (S) No. 4573 of 2016 is that the petitioner was initially appointed on the post of stenographer vide order dated 20.12.21986 in Civil Court, Hazaribagh and thereafter vide order dated 26.09.1989 transferred to Civil Court, Chatra. While continuing as such, vide order dated 29.07.2004 the petitioner was granted 1st ACP w.e.f 09.08.1999 on completion of 12 years of service, which was subsequently confirmed by respondent vide memo dated 21.01.2013. It has further been averred that by passage of time, ACP scheme was replaced by Modified ACP Scheme (MACP) under which, a government servant who has not been given any regular promotion is entitled for three financial up-gradations i.e. 1st/ 2nd / 3rd MACP on completion of 10/20/30 years of service and was made applicable w.e.f 01.09.2008. Since the petitioner has completed more than 20 years of service prior to 01.09.2008 i.e. on 02.01.2007, his case was considered for 2nd MACP by the Screening Committee and 2nd MACP was granted to him vide order dated 21.12.2011 w.e.f 01.09.2008. Thereafter, his service book was sent for confirmation of 2nd MACP to Law Department but the same was returned with a query that in the service book there is no mention about passing of super time scale examination required for grant of 2nd MACP to stenographer, for which, the petitioner represented before respondent no. 3 stating that he has passed all departmental examination conducted by the department and no examination is required for grant of 2nd MACP. After verifying his statement, the service book of the petitioner was again sent to Law Department for confirmation with an endorsement that during relevant period of time, no departmental examination was conducted. Pursuant thereto, vide letter dated 28.03.2014, which is impugned in this writ application, respondent no. 4 intimated respondent no. 3 that 2 nd MACP given to the petitioner cannot be confirmed as petitioner has not passed required departmental examination in view of Finance Department Resolution dated 01.09.2008 and law Department letter dated 20.02.2014.