Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 27.11.2017, passed by the Executive Engineer, Minor Irrigation Division, Bhagalpur, whereby and whereunder the date of grant of first Assured Career Progression (for short ‘ACP’) has been modified and changed from 09.08.1999 to 27.06.2007. The petitioner has also prayed for grant of the benefits of first and second ACPs, inasmuch as the petitioner is entitled for grant of the benefits of first ACP with effect from 09.08.1999, as per the Assured Career Progression Rules, 2003. Lastly, the petitioner has prayed for grant of the benefits of third ACP under the MACP Rules, 2010 with effect from 01.01.2009 and fixation of the pay scale and pension accordingly.

2. The brief facts of the case are that the petitioner was appointed by the Superintending Engineer Design (Minor Irrigation) Organization, Patna as Junior Accounts Clerk, vide Memo dated 17.01.1976, whereafter he had submitted his joining on 24.01.1976. The petitioner is stated to have appeared in the Hindi Noting and Drafting Examination, conducted on 28.08.1977, pursuant whereto he was declared to have passed the same, vide Notification dated 08.11.1977, issued by the Govt. of Bihar, Rajya Bhasha Department. The petitioner was allowed first time bound promotion with effect from 24.01.1986, vide letter dated 26.08.1986. It is the further case of the petitioner that upon attaining the age of 50 years, the petitioner was exempted from passing the Departmental Accounts Exam, vide order dated 27.06.2007, whereafter he was allowed first and second ACPs with effect from 09.08.1999 and 21.01.2002 respectively, vide letter dated 31.10.2007 and then, the petitioner had superannuated, while working on the post of Accounts Clerk, on 31.01.2010. However, surprisingly, vide letter dt. 05.02.2011, the Executive Engineer, Minor Irrigation Division, Bhagalpur wrote a letter to the petitioner stating therein that from a perusal of his service book, it appears that he has not passed the Departmental Accounts Examination, hence he is not entitled to derive the benefits of first time bound promotion, first ACP and second ACP with effect from the date the same have been given, but only with effect from 27.06.2007, the day on which he was granted exemption from passing the Departmental Accounts Exam on account of him having attained 50 years of age. The petitioner had then filed his reply dated 01.03.2011, however, the same was not considered, compelling the petitioner to file a writ petition bearing CWJC No. 9887 of 2011, inter alia praying therein to quash the aforesaid letter dated 05.02.2011 and the office order dated 14.08.2010, as also to direct the respondents not to recover any amount from his retiral dues. The aforesaid writ petition was heard at length and allowed by a judgment dated 20.01.2016, operative portion whereof is reproduced herein below:—

“In view of the facts and circumstances and the proposition of law, the impugned order is set aside with a direction to the respondents to grant all benefits to the petitioner treating the 1st Time Bound Promotion granted to the petitioner in the year 1986 as valid and legal and calculating the same pay the differential amount and fix the pension. Accordingly, the respondents are directed to pay the gratuity amount which has not been paid to the petitioner within a period of eight weeks from today

It is made clear that petitioner shall be entitled to get interest on all such amount at the simple rate of 7% per annum. All the formalities must be completed within a period of three months. Meaning thereby, that the respondent State and Accountant General both are directed to re-calculate the pension of the petitioner, issue sanction order and authority slip and credit the amount to the account of the petitioner within a maximum period of three months from the date of receipt/production copy of this order.”

3. In pursuance to the aforesaid order dated 20.01.2