Bibek Chaudhuri, J.—These cases, with some factual differences, ultimately relate to same prayer of granting pay-scale under Assured Career Progression or Modified Assured Career Progression, which were denied to the petitioners. Therefore, this Court takes up all the writ petitions, captioned above, and proposes to dispose them of in a common judgement, albeit factual differences.

2. Since the facts of each case is different, the same is narrated separately hereinbelow:

C.W.J.C. No. 20503 of 2021

3. The petitioner was initially appointed as Class-IV employee in Water Resources Department, Government of Bihar. Subsequently, on 22nd of May, 1981, the petitioner along with 101 persons were promoted to the post of Junior Accounts Clerk. Subsequently, by a government order, the posts of Junior Accounts Clerk were merged with the Sr. Accounts Clerk and they are commonly designated as Accounts Clerk. In 2003, rules relating to Assured Career Progression (A.C.P.) under the name and style of Bihar State Employees Services Conditions (Assured Career Progression Scheme) Rules, 2003 came into force, giving retrospective effect on and from 9th of August, 1999. The petitioner was entitled to 1st A.C.P. on 9th of August, 1999. He retired from service on 30th of June, 2002, attaining the age of superannuation. On 14th of November, 2002, the petitioner was informed by the Respondents that he was not granted the benefit of A.C.P. as he failed in departmental examination. It is also contended by the petitioner that the Finance Department by its notification, dated 25th of March, 2015, declared that the employees, who were appointed in between 1st of May, 1980 to 27th of September, 1999, as Accounts Clerk, shall be entitled for pay-scale of Rs. 4500- 7000/-. The said benefit was also not granted to the petitioner.

4. So is the instant writ.

C.W.J.C. No. 14907 of 2022

5. In the instant case, the petitioner was appointed as a Clerk in the judgeship of Bhagalpur. In 1986, 1994 and 2003, he participated in the departmental examination and passed all the said examinations conducted by the district judiciary of District- Bhagalpur. On 25th of June, 2003, Bihar State Employees Service Conditions (Assured Career Progression Scheme) Rules, 2003 was notified, extending the benefit of 1st financial progression under A.C.P. Scheme w.e.f. 9th of August, 1999. On 27th of November, 2008, the District and Sessions Judge, Bhagalpur issued an order, extending the benefits of financial progression in favour of the petitioner w.e.f. 14th June, 2008. Further case of the petitioner is that on 14th of July, 2010, M.A.C.P. Scheme was notified and implemented w.e.f. 1st of January, 2009 and it was decided under the said scheme that the government employees would get M.A.C.P. in the State of Bihar upon completion of 10, 20 and 30 years of service.

6. On the said fact, the petitioner moved this Court in C.W.J.C. No. 879 of 2013. While the said representation was pending, the Division Bench of this Court in a connected appeal bearing L.P.A. No. 806 of 2014 was pleased to held that an employee cannot be made to suffer on account of non-holding of examination by the Respondents. Subsequently, on 23rd of February, 2018, the writ petition, filed by the petitioner, was allowed, directing the petitioner to submit a fresh representation. The petitioner, accordingly, submitted a representation before the learned District and Sessions Judge, Bhagalpur but no action was taken by him which prompted the petitioner to file a contempt petition bearing M.J.C. No. 890 of 2021.

7. Subsequently, on 21st of September, 2021, the petitioner was directed to repay an amount of Rs. 12,84,443/-, failing which it was directed to be recovered from his salary. The petitioner submitted a representation on 24th of September, 2021. On 7th of May, 2022, the learned District and Sessions Judge, Bhagalpur passed an order bearing Memo No. 3954, (Annexure- R-3/A to the counter affidavit) stating, inter alia, that th