- (1.) Heard learned counsel for the parties.
(2.) Petitioner is aggrieved by the reasoned order at Annexure-11 dated 29.10.2012 bearing memo no. 849 passed by the Superintending Engineer, Rural Works Department, Work Circle, Ranchi- Respondent no.5 as it has denied the benefit of A.C.P. to the petitioner and granted M.A.C.P w.e.f. 1.9.2008 on a lower scale of Rs.9300-34800 (P.B.II), Grade Pay-Rs.4200. The apparent reason impugned by the petitioner for holding so is that petitioner after his appointment as peon on 27.1.1971 was promoted as a Treasury Guard vide memo no.2377 dated 17.11.1973 i.e. within 12 years of his service and also got second promotion to the post of Correspondence Clerk on 11.9.1987 i.e. within 24 years of his service. Therefore, neither first nor the second A.C.P was payable in terms of the A.C.P. scheme contained in resolution no. 5207 dated 14.8.2002, Annexure-D to the counter affidavit of the respondent no.5.
(3.) Learned counsel for the petitioner submits that posting of the petitioner as Treasury Guard by the order dated 17.11.1973 has been treated as promotion by the respondents though from the order itself enclosed to rejoinder as Annexure-18, it is apparent that it was a transfer from the post of Peon in the Sub-divisional Office, Daltanganj to the post of Treasury Guard in the Sub-divisional Office, Latehar by the Executive Engineer, Rural Engineering Organization, Palamau division, Daltonganj. Such transfer on a Class-IV post of Treasury Guard can never be treated as promotion for the purpose of denial of A.C.P. It is further submitted that even assuming that second A.C.P was not payable, petitioner holding the post of Correspondence Clerk is entitled to the benefits of first M.A.C.P in the scale of Rs.5000-8000, which is the corresponding higher scale of pay on grant of M.A.C.P. This again has been ignored by the respondent no.5 though similarly situated persons like Dashrath Rajak and Maheshwar Bhagat have got the higher scale of pay on grant of first A.C.P i.e. Rs.5000-8000 vide Annexure-2 , Office order issued by the respondentSuperintending Engineer himself. It is urged that the Principal Secretary, Finance Department vide letter dated 27.8.2012 bearing letter no. 1791(Annexure-17 to the rejoinder) has also instructed that the next higher scale of personnel posted in the Clerical cadre in the Regional / Muffasil offices on their promotion are entitled to the scale of Rs. 5000-8000. It is submitted that under the A.C.P resolution dated 14.8.2002, petitioner was also entitled for the next higher scale.;