SUJIT NARAYAN PRASAD, J. - (1.) SINCE common issues are involved in all these writ petitions, the same are being decided by this common order.
(2.) IN these writ petitions the petitioners have prayed for quashing the office order as contained in Memo No. 1745 dated 12.8.2014, issued by the Director (Administration), Birsa Agriculture University, Kanke, Ranchi (Annexure -10), whereby the benefit of upgradation under Assured Career Progression (ACP) scheme grated in favour of the petitioners pursuance to the decision of the Board of Members in its 57th meeting held on 17.3.2005, has been recalled with a direction to recover the excess amount paid to the petitioners by way of lump sum or in monthly instalments.
(3.) LEARNED counsel for the petitioners submitted that the petitioners had been appointed as Class -III employees on daily rated basis vide office order dated 16.8.1982 and subsequently they had been regularized vide office order dated 24.12.2003. The Agriculture and Sugarcane Development Department, Government of Jharkhand vide its resolution as contained in Memo No. 2810 dated 23.9.2004, issued under the signature of the then Secretary, Department of Agriculture and Sugarcane, Government of Jharkhand, Ranchi had issued a resolution, whereby it was decided that non -teaching employees of the Birsa Agriculture University will get the benefit of pay revision as per the State Government employees. The State of Jharkhand had come with one resolution as contained in Memo No. 5207 dated 14.8.2002 for granting financial upgradation under ACP scheme w.e.f 9.8.1999 with certain conditions for the State Government employees. The Managing Committee of the Birsa Agriculture University in its 57th Board of Members meeting held on 17.3.2005 had implemented the provision of ACP scheme to be given to the non -teaching employees of the University. Accordingly, the Principal Secretary, Department of Agriculture and Sugarcane Development, Government of Jharkhand, Ranchi had issued a letter addressed to the Accountant General, Bihar for financial aid to the tune of Rs. 98 Lacs for payment towards financial upgradation under the ACP scheme. In terms of the Board of Members meeting held on 17.3.2005, the petitioners along with others had been given benefit of financial upgradation under ACP scheme vide office order No. 4476/Kanke dated 1.10.2005 and accordingly the same was started to be paid to the petitioners and other similarly situated employees of the University. The grant of financial upgradation under ACP scheme had also been approved by the State Government, as would be evident from the resolution dated 30.4.2013 issued under the signature of the Joint Secretary, Agriculture and Sugarcane Development Department, Government of Jharkhand, Ranchi and accordingly the petitioners had got the benefit of upgradation under ACP scheme, but all of a sudden vide order dated 12.8.2014, issued by the Director (Administration), Birsa Agriculture University, Ranchi, whereby the benefit granted under the ACP scheme has been cancelled on the basis of the decision taken by the Principal Secretary, Department of Agriculture and Sugarcane Development, Government of Jharkhand, Ranchi dated 27.5.2014, which is under challenge. Learned counsel for the petitioners has submitted that the order dated 12.8.2014 is not sustainable on the following grounds: The Birsa Agriculture University being an autonomous body was competent enough to grant the benefit of financial upgradation under ACP scheme and accordingly the Board in its meeting held on 17.3.2005 had granted the said benefit with the approval of the Secretary, Department of Agriculture and Sugarcane Development in the year 2005 and accordingly the petitioners had been started to be paid financial upgradation and after about nine years the said benefit has been recalled by the impugned order with a direction of recovery of the said benefit. The letter dated 27.5.2014, issued by the Principal Secretary, Department of Agriculture and Sugarcane Development, Government of Jharkhand, Ranchi is absolutely improper because the decision had been taken by the Birsa Agriculture University in its 57th Board of Members Meeting held on 17.3.2005 on the basis of the communication dated 23.9.2004, which was issued by the then Secretary, Agriculture and Sugarcane Development Department, Government of Jharkhand, Ranchi by which the non -teaching employees of the Birsa Agriculture University had been treated to be at par with the State Government employees for the purpose of granting benefit of revision in pay scale. Since the financial upgradation is also a part of revision in pay scale, on the basis of the said resolution dated 23.9.2004, the Birsa Agriculture University had taken decision in its Board of Members meeting held on 17.3.2005 and accordingly vide office order dated 1.10.2005, the financial upgradation had been granted to the petitioners and other similarly situated employees. Since the said benefit had been granted after approval of the Secretary to the Agriculture and Sugarcane Development Department, the subsequent letter dated 27.5.2014, issued by the Principal Secretary, Department of Agriculture and Sugarcane Development Development, is absolutely without any application of mind. The action of the respondents in recalling the benefit of upgradation under ACP scheme after about nine years cannot be said to be justifiable that too with the order of recovery. The order of recovery is per se illegal in view of the fact that there is no fraud or misrepresentation on the part of the petitioners, who are Class -III and IV employees and as such after making payment for a period of about nine years, the order of recovery is absolutely harsh decision that too some of the employees have retired from service in the meantime. ;