Arvind Singh Chandel, J. – This petition has been preferred by the petitioner seeking the following reliefs: –

“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the Memo No 364 dated 13.04.2024 issued under the signature of respondent No 4 by which ACP & MACP given to the petitioner has been cancelled mere on complaint filed by one teacher making allegation that the petitioner has not passed 2nd paper of departmental examination, whereas the petitioner has declared successful in the departmental examination and letter to this effect has been issued by respondent No 5 on 29.06.2006 and after due verification the committee constituted for granting the benefit of ACP & MACP to the petitioner and same is recorded by the authority in the service book, moreover in view of law laid down by the Hon’ble Division Bench judgment reported in 2008, V-III PLJR, 344 by which without conducting any enquiry no adverse comment can be made.

(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authority to not disturb the petitioner in smooth functioning as Head Clerk in the office of respondent No 5 as he has declared successful in the departmental examination which has been admitted by the authorities on several occasions, apart from this factual aspect it is also settled law by the Hon’ble High Cout and the Hon’ble Apex Court that passing of the departmental examination is not needed for granting benefit of ACP & MACP moreover there is also exemption clause – 4 in notification contained in Memo No 3127 dated 06.03.2018 by which after attaining the age of 50 years.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.”

2. Facts of the case, as per the pleadings, are that the petitioner was appointed as Clerk on 20.03.1990 and subsequently transferred to various places and lastly in the year, 1997 – 1998, he was posted at the office of Respondent No 4. During that period, he appeared in the Hindi Noting Drafting Examination in the year, 1996 and was declared successful. The same has been recorded in his service book also. Departmental examination was also conducted in the year, 1999 and Respondent No 3 vide its Letter No 773 dated 28.08.2002 communicated the District Education Officer that the petitioner has come successful in the departmental examination. Respondent No 5 has also issued a certificate to this effect on 29.06.2006. Subsequently, first ACP has been granted to the petitioner in the year 2004 and second ACP was also granted to him vide Memo No 1529 dated 10.11.2016. Thereafter, he has been granted MACP vide Memo No 2389 dated 31.11.2022. Vide Memo No 2177 dated 02.11.2023, the petitioner has been promoted as Head Clerk. At that time, on the basis of one complaint filed by one Birendra Kumar Ojha, retired Headmaster against the petitioner mentioning that the petitioner has not emerged successful in the departmental examination paper 2 even then he has been declared successful and has been granted ACP and MACP. Show cause notice has been issued to the petitioner which has been replied by him. Certain queries were also made which have also been replied by him. Finally, the impugned order (Annexure P/13 dated 13.04.2024) has been passed whereby the first and second ACP and MACP has been cancelled with immediate effect and also direction was issued for initiation of departmental proceeding and also direction was issued for recovery of paid amount on account of first and second ACP and MACP in one installment. Hence, this petition.

3. Learned counsel for the petitioner would submit that though the petitioner has cleared both the papers in the departmental examination even after that if it is found that he has not cleared any paper then also he is entitled to get benefit of first and second ACP and the MACP as the passing o