Pramath Patnaik, J. - (1.) In the captioned writ applications, the petitioners have inter alia prayed for quashing order dated 08.12.2010 whereby benefit of both the up-gradations under Assured Career Progression Scheme given to the petitioners in the pay-scale of Rs. 5000-8000/- and Rs. 5500-9000/- by virtue of order dated 19.01.2010 has been canceled and direction was issued to recover the excess amount paid in favour of petitioners; and further prayer has been made to grant the financial up-gradations, as ordered vide order dated 19.01.2010.
(2.) The facts, in brief, is that the petitioners were initially appointed as Stenographers Grade III in the pay-scale of Rs. 4000- 6000/- (revised). It has been averred that by virtue of circular dated 09.08.1999 relating to Assured Career Progression Scheme, the petitioners are entitled to get two financial up-gradations after completion of 12 years and 24 years of service, if they do not get regular promotion to the next higher post. It has further been averred that petitioners have not been granted their regular promotion to which they are legally entitled to. It has further been averred that in absence of Recruitment Rules in the Department of Labour, Employment and Training Department, Govt. of Jharkhand, the Department adopted the Recruitment Rule of Revenue and Land Reforms Department, State of Jharkhand vide order dated 20.03.2009 (Annexure 2 to the writ application). In pursuance to adoption of above Rules, respondent no. 3 as per the pay-scale given in column no. 2 (x), passed order dated 19.01.2010 whereby the petitioners were granted both the financial upgradations in the pay-scales of Rs. 5000-8000/- and Rs. 5500- 9000/-. But, after issuance of that order all of a sudden respondent no. 3 issued another order dated 08.12.2010 whereby benefit of both the up-gradations under Assured Career Progression Scheme granted earlier to the petitioners in the payscale of Rs. 5000-8000/- and Rs. 5500-9000/- by virtue of order dated 19.01.2010 has been cancelled and direction was issued to recover the excess amount paid in favour of petitioners, which is impugned in this case.
(3.) Heard Mr. Saurabh Shekhar, learned counsel for the petitioners and Ms. Kanchan Kumari, A.C to learned A.A.G for the respondents.;