Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –

“1. That the petitioner prefers the present writ petition for the issuance of an appropriate writ or writs in the nature of certiorari or any other writ or writs and direction or directions for quashing the letter No. 976 dated 07.08.2021 issued by the Chief Engineer, Minor Water Resources Department by which the 2nd A.C.P. and 3rd A.C.P. granted to the petitioner vide Annexure-5 have been withdrawn and excess payment made to the petitioner has been directed to be recovered in one lump sum and the name of the petitioner finds place at serial no. 125 and for restoration of Annexure-1 and 2 by which the petitioner has been granted the benefits of 2nd & 3rd A.C.P. with effect from 2.9.2007 and 29.2.2021 and also for a further direction for stay of recovery of the excess amount paid to the petitioner during service period.”

2. The learned counsel for the petitioner submits that the petitioner was appointed on 21.3.1979 in the Minor Irrigation Department and he superannuated on 31.1.2012 from the office of the Executive Engineer, Minor Irrigation Department, Nalanda, while working as Correspondence Clerk. He was granted benefit of 1st and 2nd ACP by the Respondent No. 4, vide letter dated 20.8.2011, with effect from 9.8.1999 and 2.9.2007 respectively. The petitioner was then granted benefit of 3rd ACP / MACP, vide letter dated 21.5.2015, with effect from 29.8.2011. It is also stated that the fixation of pay of the petitioner was carried out, after proper verification from the Accounts Office, Nalanda and the same was granted from the date of passing of the Accounts Examination i.e. with effect from 17.1.2010, vide letter dated 28.9.2011. Now, after superannuation of the petitioner on 31.1.2012, after fixation of the pension of the petitioner, the Respondent No. 4 has issued an office order dated 7.8.2021, whereby and whereunder the earlier orders, granting the benefits of 1st ACP / 2nd ACP and 3rd MACP, have been withdrawn and it has been directed to recover the excess amount, paid to the petitioner, which is impermissible in law, in view of the law laid down by the Hon’ble Apex Court in the case of State of Punjab & Others vs. Rafiq Masih & Others, reported in (2015) 4 SCC 334.

3. Per contra, the learned counsel appearing for the Respondent-State has referred to the counter affidavit, filed in the present case, to submit that passing of departmental accounts examination is a pre-requisite for grant of the benefits of ACP / MACP Scheme and since the petitioner had passed departmental accounts examination finally on 17.1.2010, he is entitled to get the benefits of MACP with effect from the said date and not from a date prior to the same, as such, the earlier orders, granting petitioner the benefits of ACP / MACP, have been reviewed and recovery has been sought to be made qua the excess amount of salary paid to the petitioner.

4. I have heard the learned counsel for the parties and perused the materials on record.

5. This Court finds that the law regarding the issue under consideration is no longer res integra, inasmuch as a learned Division Bench of this Court in the case of the State of Bihar & Ors. vs. Ram Subhag Singh (LPA No. 4 of 2021), reported in 2022 (2) PLJR 773 [: 2023 (6) BLJ 583], by a judgment dated 11.5.2022, has held that non-passing of departmental examination shall not be an impediment to grant of the benefits of time bound promotions / ACP /MACP. In fact, this aspect of the matter has also been decided by a judgment, rendered by this Hon’ble Court in the case of State of Bihar & Ors. vs. Anjani Kumar, reported in 2013 (2) PLJR 643, which has also been upheld by the Hon’ble Apex Court, by an order dated 10.3.2014, passed in SLP (C) No. 19182 of 2013. In this regard, reference be also had to a judgment rendered by the learned Division Bench of this Court in the case of State of Bihar & Ors. vs. Smt. Jivachi Devi, reported in 2