- (1.) Pursuant to order dated 25.09.2012, an amended writ petition has been filed with the following prayers:- (i) For a direction upon the respondents to pay forthwith admitted dues like pension, gratuity, leave encashment. (ii) For a direction upon the respondents to fix the pay of the petitioner in terms of 6th revision of pay scale w.e.f. 01.01.2006 and pay arrear thereof and also fix all the retiral benefit in the new pay scale w.e.f. 01.01.2006 and pay the arrear accordingly. (iii) For a direction upon the respondents to confirm the 2nd ACP given to the petitioner as the same has been given to the petitioner legally. (iv) For a direction for quashing the letter No. 461 dated 22.06.2010 by which the order of recovery has been passed in one installment against the petitioner which is illegal void and without jurisdiction as there is no misrepresentation on the part of the petitioner for getting the scale for the said period and there is total laches on the part of the respondents and for which the petitioner should not be suffered and the said order was issued without show cause and behind the back of the petitioner without giving any opportunity of being heard. (v) For a direction for quashing the letter dated 10.09.2010 as contained in Annexure-7 to this application as the same has been issued against the law and that too without show cause and no opportunity was given to the petitioner before issuance of the same, hence the same is liable to be quashed. The petitioner was appointed on 20.01.1968 as Store Chowkidar. He was granted the benefits of 1st ACP w.e.f. 09.08.1999 and the 2nd ACP w.e.f. 04.06.2005. The petitioner was granted exemption from passing the departmental examination on 14.10.2005.
(2.) In the writ petition, the petitioner has stated as under: 7. That petitioner was exempted for appearing in the departmental examination on attaining the age of 50 years in terms of Govt. Circular, since the petitioner has already attained the age of 50 years on 01.01.2000 as his date of birth is 01.01.1950 so the petitioner has been exempted for appearing in the departmental examination and accordingly, he was exempted by the department vide letter dated 14.10.2005. ...................................... ...................................... 10. The petitioner was granted 1st A.C.P. w.e.f. 9.8.1999 and 2nd A.C.P. w.e.f. 4.06.2005 on completion of 12 and 24 years of service and from the letter dated 15.4.2010 on bare perusal of the said letter is apparent that the mistake whatsoever has been committed by the respondents themselves not by the petitioner. 11. That all of sudden a letter No. 461 dated 22.6.010 issued against the petitioner for recovery of Excess amount paid to the petitioner on account of 2nd A.C.P. which was given to the petitioner w.e.f. 4.10.2005 in place of 1.0.2005. A bare perusal of Annexure-2 and 5, it is apparent that there is no misrepresentation on the part of petitioner no he 1 a party far having the access salary far 10 days rather the respondent who himself granted A.C.P. w.e.f. 4.10.2005 and the said order was issued without show causes without giving opportunity to the petitioner of being heard. Hence, the order is illegal, void and without jurisdiction.
(3.) A supplementary counter-affidavit dated 21.10.2013 has been filed stating as under: 6. That it is stated that the petitioner has been wrongly granted 1st A.C.P. on 9.8.1999 and benefits of A.C.P. on 4.6.2005. Thus by issuing an office order made it clear that in the meeting of Establishment Committee held on 14.8.2010 decided to modify that earlier office order No. 58 dated 10.1.2006 partially land it is decided that benefits of 1st A.C.P. is provided to the petitioner w.e.f. 14.10.2005 the date of issuance of letter of exemption from departmental examination and the petitioner is not entitled to benefit of 2nd A.C.P. as the petitioner has retired prior to date payable of the said benefit. 7. That it is stated that the Finance Department has also taken into consideration as per Resolution dated 14.8.2002 clause 3 sub-clause IV that the petitioner completed the age of 50 years without passing the Accounts examination, he was exempted from passing the Accounts examination and was granted 1st A.C.P. On 14.10.2005 and his 2nd A.C.P. Was due only after 12 years from the date of grant of 1st A.C.P. i.e. on 14.10.17 but the petitioner retired from the service on 31.12.2009 much prior before 14.10.2017. Thus he was not entitled to avail the 2nd A.C.P. Therefore the 2nd A.C.P. wrongly granted to the petitioner on 4.6.2005 was cancelled.;