Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner is serving in the capacity of Assistant as Class III employee in the Judgeship of Gumla, having been appointed on 10th October, 1977 on the post of Lower Division Clerk in the Civil Court, Ranchi. On completion of 10 years of his service, he was granted First Time Bound promotion and given the scale of Junior Selection Grade with effect from 2nd December 1987 vide office order no. 10 dated 18th February, 1988 (Annexure-1) to the writ application. His pay fixation was made in the scale of Rs. 580860/-. The petitioner claims to have passed the departmental exam in the first attempt in the year 1997 held in Gumla Judgeship. Thereafter, the petitioner was also granted the benefits of First A.C.P. with effect from 9.8.1999 and subsequently Second A.C.P. with effect from 2nd December, 2001 on completion of 12 and 24 years of service in terms of the Finance Department's Resolution dated 14082002 vide Order No. 91 dated 20th December, 2007 issued by the District & Sessions Judge, Gumla. During the process of verification of the service book of the petitioner at the time of grant of revised pay scale under 6th Pay Revision as also in the matter of grant of benefits of A.C.P. an objection was made vide Annexure 5 dated 3rd May, 2008 issued by the District Accounts Officer, Gumla, that the benefit of First Time Bound Promotion/Junior Selection Grade granted to the petitioner on 2nd December, 1988 without passing the departmental exam, was not in accordance with the Circular and Rule prevalent and therefore the same should be cancelled and the excess payment paid on that account should be recovered.
(3.) The petitioner has therefore approached this Court challenging the said communication dated 3rd May, 2008 (Annexure-5) issued by the District Accounts Officer, Gumla. It is submitted on behalf of the petitioner that even earlier the matter was sent before the District Accounts Officer in the year 2003 for verification of the pay fixation along with service book, but no such objection was made as per Annexure-2 letter dated 30th April, 2003, issued by the Accounts Section of the Gumla Collectorate. It is submitted that the affidavit filed on behalf of the Registrar, Gumla Judgeship categorically states that the First Time Bound promotion was granted to the petitioner in view of the resolution dated 19th February, 1986, annexed as Annexure-8 to the petitioner's rejoinder, where under, it is stated that if such time bound promotion is granted to an employee in special circumstances, he was required to pass the departmental exam to be held in future at least 2 successive attempts, failing which the benefit given to him could be withdrawn and he would be reverted to the original basic grade. It is submitted by the learned counsel for the petitioner that the respondent nos. 4 & 5 representing the judgeship of Gumla have not disputed the contention of the petitioner made at paragraph 20 that in the very first attempt he passed the departmental exam held in the year 1997 in the Gumla Judgeship. In such circumstances, in the year 2008, such an objection raised by the District Accounts Officer is wholly unsustainable in law as well as on fact and it would also prove unjust and arbitrary to withdraw the benefit granted to him 20 years back and also to recover the amount paid to him on that account.;