HEMANT GUPTA,J. - (1.)Heard learned counsel for the appellant and learned counsel for the respondents.
(2.)The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 11th of Aug., 2016 in CWJC No. 18923 of 2015 whereby the decision of the State Government to annul the benefit of the first Assured Career Progression scale to the appellant and to recover the amount said to be paid in excess, remained unsuccessful.
(3.)The appellant was appointed as a Clerk in the year 1987 and worked in that capacity in the office of the District Mining Officer, Munger. He was granted the benefit of first ACP scale on 25th of Nov. 2004 with effect from 09.08.1999. After grant of such benefit, it was found that the appellant was not qualified for the ACP as he had not passed the departmental accounts examination which was a condition precedent for grant of such scale in terms of Rule 157 of the Board's Miscellaneous Rules.