Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 29.04.2021, passed by the office of the Engineer-in-Chief, Minor Irrigation Department, Government of Bihar, Patna, under the pen and signature of the Superintending Engineer, whereby and whereunder the time bound promotion granted to the petitioner w.e.f. 01.08.1992, has been cancelled and the pay scale of the petitioner has been reduced and refixed, as also the date of grant of benefits of 1st, 2nd and 3rd ACP/MACP, granted to the petitioner w.e.f. 09.08.1999, 01.08.2006 and 01.08.2012, respectively has been modified and made effective from 17.01.2000, 17.01.2010 and 17.01.2020, respectively, on the ground that the petitioner has passed the departmental accounts examination only on 17.01.2000. The petitioner has also prayed for quashing the order dated 15.07.2021, issued by the office of the Engineer-in-Chief, Minor Irrigation Department, Government of Bihar, Patna, whereby and whereunder the salary of the petitioner has been fixed at Level-11 instead of Level-12. Lastly the petitioner has prayed for quashing of the order of recovery dated 20.07.2021, issued by the office of the Engineer-in-Chief, Minor Irrigation Department, Govt. of Bihar, Patna.

2. The brief facts of the case according to the petitioner are that the petitioner was appointed as accounts clerk in the month of August, 1982 in the office of Minor Irrigation Department, Sasaram, Government of Bihar, Patna. The petitioner was then transferred from one office to another and had then superannuated on 31.08.2020. The petitioner was granted benefit of 1st ACP w.e.f. 09.08.1999 in the Pay-Scale of Rs. 5000-150-8000, vide office order contained in Memo No.799 dated 25.5.2007, issued from the office of the Chief Engineer, Minor Irrigation Department, Patna and after completing of 24 years of his successful service, the petitioner was granted the benefit of 2nd A.C.P. w.e.f. 01.08.2006, in the Pay-Scale of Rs. 5500-9000. Thereafter, the petitioner was also granted the benefit of 3rd M.A.C.P. w.e.f. 01.08.2012, in the Pay- Scale of Rs. 9300-34800 with Grade Pay of Rs. 4800/-. Thereafter, in pursuance to the Resolution of the Finance Department, contained in Memo No.163 dated 08.01.2016, the pay scale granted to the petitioner, pursuant to grant of the benefits of 1st ACP, was revised and shifted in the pay scale of Rs. 6,500-10,500/- w.e.f. 15.04.2000 & accordingly, the pay scale of 2nd ACP, granted to the petitioner earlier, was revised and shifted in the pay scale of Rs.10,000-15,200/- as also the pay scale granted, after grant of the benefits of 3rd MACP w.e.f. 01.08.2012, was revised and shifted in the pay scale of Rs.15,600-39,100/-. The petitioner had in the meantime passed the departmental accounts examination on 17.01.2000.

3. The learned counsel for the petitioner has submitted that the 1st Time Bound Promotion was granted to the petitioner in the year, 1992, whereafter, the benefits of 1st, 2nd and 3rd A.C.P./ M.A.C.P. was granted to the petitioner w.e.f. 9.8.1999, 01.8.2006 and 01.08.2012 respectively, nonetheless, the 1st Time Bound Promotion granted to the petitioner w.e.f. the year 1992 was cancelled on the ground that the petitioner had not passed the Accounts Examination at that point of time, which he passed on 17.01.2000. Subsequently, the effective date of grant of the benefits of 1st A.C.P., 2nd A.C.P. and 3rd M.A.C.P. was also shifted to 17.01.2000, 17.01.2010 and 17.01.2020, vide office order contained in Memo No. 179 dated 29.04.2021 on the ground that the petitioner had passed the Departmental Accounts Examination only on 17.01.2000, hence he is entitled for the benefits of 1st A.C.P. w.e.f. 17.1.2000, to the benefits of 2nd A.C.P., upon completion of 10 years, w.e.f. 17.01.2010 and to the benefits of 3rd M.A.C.P. w.e.f. 17.01.2020. Accordingly, the Pay-Scale of the petitioner was also revised and reduced to a lower scale vide office order contained in Memo N