JUDGMENT :

1. Heard Mr. Ajay Kumar, the learned counsel for the petitioner, Mr. Rewati Kant Raman, the learned AC to SC11 and the learned counsel appearing on behalf of the Accountant General.

2. The petitioner by filing this writ petition seeks following reliefs:

For a direction to the Accountant General, Bihar, Patna to revise the pension of the petitioner after granting 1st ACP and 2nd ACP duly sanctioned by the Chief Engineer through the office order dated 02.02.2007 and further to direct the Account General not to slash down the pension of the petitioner from the scale of Rs.3050/- to Rs.4590/- to Rs.2650/- to Rs.4000/- without affording any opportunity to the petitioner. The petitioner further seeks direction to the Accountant General, Bihar to issue fresh PPO in pursuance of the order dated 02.02.2007 (Annexure-3) by which the Chief Engineer duly sanctioned the grant of 1st ACP and 2nd ACP to the petitioner in the next scale of Rs.3050/- to Rs.4590/- and further direct to make payment of interest.

3. During the pendency of this writ petition, the petitioner filed LA. No.1 of 2019 with a prayer for quashing the impugned order dated 10.04.2019 and 15.04.2019 (Annexure-14 series), which have been issued during he pendency of this writ petition and further to quash the order dated 08.12.2003, issued under the signature of the Chief Engineer by which the Chief Engineer ordered for cancellation of 1st ACP to the petitioner w.e.f. 01.03.1984 and held that the petitioner is entitled to get pay in the pay scale of Rs.825/- to Rs.1200/-.

4. LA. No.1 of 2019 is allowed accordingly and ordered to be part of the writ petition.

5. The petitioner was appointed on the post of Pump Attendant on 02.04.1968 in the work charge establishment of Water Resources Department, Government of Bihar in the scale of Rs.75/- to Rs.85/-. After third pay revision, the scale of Pump Attendant was replaced in the scale of Rs.165/- to Rs.204/- and the petitioner was given the same scale w.e.f. 01.01.1971. Petitioner was assigned higher responsibility of Pump Operator Grade-I w.e.f. 01.03.1974 under the same work charge w.e.f. 01.04.1977 and on the same post, the service of the petitioner was regularized. The scale of Rs.3050/- to Rs.4590/- was given to the Pump Operator Grade-I and the same was duly verified by the District Accounts Officer, Rohtas, Sasaram on 10.03.2000. The petitioner retired on 30.04.2004 as Pump Operator Grade-I and the petitioner was granted pension vide PPO No.410683, dated 06.08.2004 in the pay scale of Rs.3050/- to Rs.4590/-.

6. Learned counsel for the petitioner submits that after retirement of the petitioner in the year 2004, the Chief Engineer granted 1st ACP and 2nd ACP to the petitioner in the subsequent scale of Rs.3050/- to Rs.4590/- and the next scale admissible to the Pump Operator Grade-I vide order dated 02.02.2007 and sent the same to the Accountant General with the service book of the petitioner for issuance of revised PPO but the Accountant General slash down the pension of the petitioner in the scale of Rs.2650/- to Rs.4000/- holding that the pay scale of the Pump Operator is Rs.2650/- to Rs.4000/- w.e.f. 01.01.1996 and since the petitioner was promoted from the Pump Attendant to Pump Operator Grade-I, the petitioner is not entitled to get 1st and 2nd ACP.

7. Mr. Ajay Kumar, the learned counsel for the petitioner further submits that the petitioner had no knowledge about issuance of Annexure-15, the order dated 08.12.2003 as contained in Memo No.6350, dated 08.12.2003 by which the 1st ACP granted to the petitioner was cancelled and, therefore, the petitioner seeks quashing of the aforesaid order. It is further submitted that the Chief Engineer without hearing the petitioner issued the order as contained in Memo No.546, dated 10.04.2019 (Annexure-14) and the order as contained in Memo No.767, dated 15.04.2019 by which the petitioner was granted second time bound promotion in the scale of Rs.2750/- to Rs.4400/-. All these ord