JUDGMENT :

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar.

2. Petitioner, in the present case, is seeking the following reliefs:

“(i) For issuance of an appropriate writ in the nature of “certiorari’ for quashing the memo no. 147 dated 30.01.2018 (Anne.-P3) issued under the Signature of the Superintending Engineer Building Construction Circle, Ara (Respondent -5) whereby and whereunder the date from which benefits of 1st and 2nd Assured Career Progression (ACP) had earlier granted to petitioner under order dated 23.12.2009 (Annexure – P1) has been modified to 12.10.2017 in place 09.08.1999 for 1st ACP and 12.10.2017 in place of 19.12.2005 for the 2nd ACP.

(ii) For issuance of an appropriate writ in the nature of certiorari, for quashing the consequential memo no. 1199 dated 19.07.18 and letter no. 1401 dated 21.08.2018 contained in Annexure P4, Annexure P5 respectively issued under signature of the Executive Engineer Building Construction Division, Ara (Respondent 6) whereby and whereunder the excess amount Rs. 827527/-(Rupees eight lac twenty seven thousand five hundred twenty seven) paid to petitioner in the light of ACP, has been recovered from his post retiral benefits.

(iii) For issuance of mandamus to the respondents to refund the amount illegally recovered from retiral benefits of petitioner and retire his retiral benefits as per his pay fixed earlier according to benefit of ACP given to him through Annexure-P1.”

3. It is the case of the petitioner that he was appointed on the post of Correspondence Clerk on 16.12.1981 and joined on the said post on 19.12.1981 in the pay scale of Rs. 580-860/-in Building Construction Department, Government of Bihar.

4. Petitioner was granted 1st Assured Career Progression (in short “ACP”) w.e.f. 09.08.1999 and 2nd ACP w.e.f 19.12.2005 under the provisions of Bihar State Employee Service Condition (Assured Career Progression) Rules, 2003 as amended by Rule 2006 (hereinafter referred to as the ‘ACP Rules’). In this connection, the petitioner has relied upon memo no. 1160 dated 23.12.2009 to show that he was granted 1st and 2nd ACP under signature of the Superintending Engineer, Building Circle, Ara. After the issuance of Annexure – ‘P1’, his pay was upgraded as per 1st ACP in Rs. 5000-8000/-and as per 2nd ACP as Rs. 5500-9000/-and accordingly he was given the benefit of 6th Pay Revision and other benefits regularly till his retirement on 31.01.2018.

5. It is stated that in the year 2017 at the time of 7th Pay Revision an objection was raised by the District Accounts Officer, Ara as to the effective date of grant of 1st ACP and 2nd ACP to the petitioner. The objection was taken on the ground that the petitioner had not passed the departmental accounts examination so he was not entitled for ACP from 09.08.1999 though the District Accounts Officer approved the same after 6th Pay Revision through letter No. 2147 dated 28.06.2011.

6. It is stated that both the 1st ACP and 2nd ACP which were granted to the petitioner w.e.f. 09.08.1999 and 19.12.2005 respectively were earlier approved by the District Accounts Officer. The petitioner had also been granted the 3rd ACP w.e.f 09.12.2011 vide order No. 11/0-12 contained in memo no. 750 dated 01.08.2012. It is stated in paragraph ‘8’ of the writ application that in the order dated 31.07.2014 issued by the Executive Engineer, Building Division, Ara petitioner was promoted on the post of Head Clerk in the pay scale of Rs. 9300-20800/-with grade pay Rs. 4200/-notionally as he was already getting the benefit of pay scale granted to him according to ACP through order dated 31.12.2009.

7. At this stage, the grievance of the petitioner is that all of a sudden, the Superintending Engineer, Building Construction Circle, Ara (respondent no. 5) issued memo no. 147 dated 30.01.2018 whereby the date 09.08.1999 from which benefits for 1st ACP and 19.12.2005 i.e. the date from which benefit of 2nd