YADUNANDAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the office order no. 62 dated 29.11.2011, wherein the benefit of ACP granted to the petitioner had been cancelled on the ground of non passing of departmental examination and consequently recovery of excess amount paid to the petitioner.

(3.) As per pleading, petitioner had been appointed on 14.05.1987 on the post of Junior Accounts Clerk. The petitioner could not clear the departmental examination and as such he had applied for exemption. Exemption had been granted vide memo no.524 dated 26.07.2004. On the basis of the said exemption, petitioner had been granted the benefit of ACP alongwith one another person, namely, Rewati Raman Singh vide order no.43 contained in memo no.997 dated 16.12.2004. The benefit of first ACP had been granted w.e.f. 09.08.1999. The said benefit of ACP had been modified by subsequent order dated 30.01.2006 by making it effective w.e.f. 26.07.2004 i.e. from the dated of exemption from passing of the departmental examination. The benefit given to the petitioner alongwith Rewati Raman Singh had been cancelled vide memo dated 29.11.2011 (Annexure-6).