N.N. Tiwari, J. - (1.) In this writ petition, the petitioner has prayed for quashing the office order dated 13.2.2010 contained in memo No. 347 issued by the Superintending Engineer, Building Construction Department, Hazaribagh (Annexure-9), whereby the said respondent has directed for recovery of the amount paid to the petitioner as promotional/A.C.P. benefits as part of the salary.
(2.) The petitioner joined in the service of Correspondence Clerk on 23.7.1971. He was given promotion to the Junior Selection Grade w.e.f. 31.8.1985 and was given promotional benefits. By office order dated 28.2.1986 an order was issued giving promotional benefits to the petitioner w.e.f. 1.4.1981. The petitioner was given 1st and 2nd time bound promotion w.e.f. 9.8.1999. After the said order his pay scale was fixed with those promotional benefits. A notice was issued by letter dated 21.2010 asking the petitioner as to why the A.C.P. promotional benefits given to the petitioner be not cancelled on account of not passing the accounts examination.
(3.) The petitioner submitted his reply stating, inter alia, that whatever the pay scale is fixed by the competent authority in accordance with law, he will accept. The respondents, thereafter, passed the impugned order dated 13.22010, whereby the respondents sought recovery Of the entire amount given on account of A.C.P./promotional benefits. It has been submitted that the petitioner had been working as Clerk and was exempted from passing Accounts examination and the reason/ground assigned for recovery of the amount of promotional benefits, already given to the petitioner, is illegal and arbitrary.;