ABDUL JALIL BAIG, SON OF LATE ABDUL Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-8-106
HIGH COURT OF JHARKHAND
Decided on August 17,2017

Abdul Jalil Baig, Son Of Late Abdul Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) With a prayer seeking quashing of orders contained in letters dated 11.03.2010, 07.02.2011 and 19.04.2011, the petitioner has approached this Court. In essence, grievance of the petitioner is against the order of recovery of excess payment made on account of grant of ACP benefits to him.
(2.) The petitioner was appointed on 23.11.1970 and on completion of ten years' service, 1st Timebound promotion was granted to him with effect from 01.04.1981. He was granted 2nd Timebound promotion and it is stated that with effect from 09.08.1999, he was given 1st ACP. He superannuated from service on 30.06.2009. He claims that timebound promotions were granted to him when he passed the departmental examination. Initially, he received provisional pension, however, subsequently, it was stopped without a showcause notice to him. He approached this Court in W.P.(S) No.5519/2010 for a direction to the respondents for payment of full pension, gratuity, leave encashment etc. The writpetition stood disposed of by an order dated 07.01.2011 with liberty to the petitioner to file a fresh representation on which the Deputy Commissioner, Garhwa was to take a decision within six weeks.
(3.) In the counteraffidavit, the respondents have taken a plea that in compliance of order passed by the writ Court, the Deputy Commissioner has passed an order dated 30.11.2011, by which the petitioner has been granted 1st ACP with effect from 09.08.1999 and 2nd ACP from 19.07.2002. It is pleaded that by letter dated 14.12.2011, gratuity and leave encashment have been sanctioned and necessary communication has been forwarded to the Accountant General/Treasury Officer.;


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