APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has superannuated on 30.6.2011 while posted as Research Assistant in the office of Executive Engineer, Road Division, Lateher under the Road Construction Department, Government of Jharkhand. In the present case, his grievance is that his pension and gratuity etc have not been fixed taking into account the benefit of 3rd M.A.C.P which he was granted by the order dated 2.2.2011(Annexure-3) issued by the Executive Engineer, Road Division, Latehar in the scale of 9300-34800 in the Grade Pay of 4600.
(3.) According to learned counsel for the petitioner, the pay on that basis at the time of his retirement should have been 15,430/-. However as it appears, just after petitioner's retirement, respondent- department through letter dated 11.11.2011(Annexure-4) modified the grant of 1st and 2nd A.C.P to the scale of 4000-6000 and 4500-7000 w.e.f. 9.8.1999 in terms of the Finance Department circular no. 5207 dated 14.8.2002, Para 3(v) thereof, instead of the scale of pay of 5000-8000 and 5500-9000. In the said communication it was also held that petitioner having got the benefit of substantive promotion as Research Assistant w.e.f 7.12.2001 in the scale of 5000-8000, he was not entitled for 3rd M.A.C.P. This letter was challenged by the petitioner in W.P.S. No. 3360 of 2012, preferred earlier, as pursuant thereto certain recovery was also directed to be made by another order dated 14.5.2012 issued by the Executive Engineer, Road Division, Latehar to the tune of 1,00,479/- from his leave encashment amount. In W.P.S. No. 3360 of 2012 vide judgment dated 16.2.2013 (Annexure-5), learned Single Bench of this Court, taking into account the fact that the order modifying the grant of A.C.P., which had been confirmed in service was issued after his retirement and sought to reduce the benefit with retrospective effect with which the petitioner was in no way involved in any act of fraud or misrepresentation, held it untenable in law in view of the ratio laid down by the Hon'ble Supreme Court in the case of Sahib Ram v. State of Haryana reported in 1995(Supp.) 1 SCC 18 and other judgments rendered by this Court.;