Chandrashekhar, J. - (1.) Heard the learned counsel appearing for the parties and perused the documents on record.
(2.) The petitioner was initially appointed on the post of Accounts Clerk. On 05.12.1982, the petitioner was granted first time-bound promotion. After implementation of the Assured Carrier Progression, the petitioner was granted benefit of first and second A.C.P. with effect from 09.08.1999. By the impugned order dated 20.10.2011, the benefit of A.C.P. granted to the petitioner has been recalled and consequently, the proposal of grant of M.A.C.P benefit under M.A.C.P scheme has been turned down.
(3.) A counter-affidavit has been filed stating that since the petitioner had not passed the accounts examination, the benefit of A.C.P. Scheme was wrongly granted to the petitioner and therefore, when this fact was detected, the said benefit has been ordered to be recalled. Paragraph No.10 of the counter-affidavit is extracted below: 10. "That with regard to the statement made in paragraph 1 of the writ petition, it is submitted that according to the Finance Department letter no. 4178 dated 12.08.1992 and letter no. 493 dated 22.02.2007, it states that those clerks whose first promotion was due on or before 01.09.1983 were allowed for promotion without passing accounts examination. But, thereafter it was necessary to pass all the examination for forthcoming promotion with fulfilling all the criteria. The petitioner has not passed the departmental exam till date. However, passing of the departmental examination is essential for any promotion after that day i.e. 01.09.1983. the promotion in the Junior Selection Grade, Senior Selection Grade and time bond has been abolished w.e.f. 01.01.1996 vide Finance Resolution no. 660 dated 08.02.1999. As such, the said promotion has been cancelled vide Chief Engineer letter no. 1380 dated 20.10.2011.";