MD. HABIBULLAH ANSARI Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2009-7-207
HIGH COURT OF JHARKHAND
Decided on July 09,2009

Md. Habibullah Ansari Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

D.G.R. Patnaik, J. - (1.) Heard Sri Rohit Roy, learned counsel for the petitioner and J.C. to G.P.-III for respondent State.
(2.) The petitioner in this writ application has challenged the order dated 20.12.2007 (Annexure-12) issued by the Respondent No. 5 whereby the A.C.P. which was conferred upon the petitioner, has been rescinded and a direction has been given to the Respondent No. 3 to recover the amount paid to the petitioner by way of excess payment on account of alleged benefit of the A.C.P. given wrongly to the petitioner. A further prayer has been made to direct the concerned authorities of the respondents to approve the service book of the petitioner and to restore to him the benefit of the A.C.P. Scheme.
(3.) The petitioner had joined in the services of the respondent State Government in the Rural Engineering Organisation Department on 01.05.1971 and superannuated from service on the post of Correspondence Clerk in the office of R.E.O. Dumka Works Division on 31.01.2007. During the tenure of his service, by order dated 13.03.2003 (Annexure-2) he was granted the benefit of A.C.P. provisionally. By the impugned order, the Respondent No. 5 has rescinded the A.C.P. benefit given to the petitioner and has further directed for recovery of the purported excess amount paid to the petitioner by way of wrong extension of the benefit of A.C.P. to him.;


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