H.C. Mishra, J.

Heard learned counsel for the petitioners and the learned counsel for the State.

2. The petitioners are aggrieved by the Order No. 3043 dated 10.09.2014 issued by respondent No. 2, Principal Secretary, Water Resources Department, Government of Jharkhand, as contained in Annexure-17 to the writ application, whereby 1st A.C.P. and 2nd A.C.P., granted to the petitioners, in the higher pay-scales of Rs.6,500-10,500/- and Rs.8,000-13,500/- respectively, was substantially reduced to Rs. 5,500-9,000/- and 6,500-10,500/- respectively.

3. The petitioners were initially appointed as Research Assistants under the Water Resources Department, between the years 1972 to 1990 and they have also since superannuated from service. By Order No. 4787 dated 31.12.2005 as contained in Annexure-3 to the writ application, the petitioners were granted 1st A.C.P. in the pay-scales of Rs.6,500-10,500/-which was the pay scale of the next promotional post of Research Officer, and the 2nd A.C.P. in the pay-scale of Rs.6,000-13,500/-which was applicable to the next promotional post of Deputy Director (Research). Subsequently, a letter bearing No.2584 dated 15.10.2008, as contained in Annexure4 to the writ application was also issued by the Water Resources Department, to the Accountant General of Jharkhand, confirming the same. In the present case, there is no dispute as to the date of the applicability of the 1st and 2nd A.C.Ps. to the petitioners. The only dispute is that whether the petitioners were entitled to be granted A.C.Ps. in the pay-scale of the next promotional posts of Research Officer and the Deputy Director (Research) respectively, or they were entitled to 1st and 2nd A.C.Ps., in the next higher pay scales as provided in the schedule-1 to the resolution of the State Government granting A.C.P. to the State Government employees, which was notified under Memo No 5207 dated 14.08.2002, as contained in Annexure-2 to the writ application. The pay-scale of the petitioners at the relevant time being Rs.5,000 to 8,000, according to schedule1 of the said resolution, the 1st and 2nd A.C.Ps. applicable were in pay-scales of Rs.5,500-9,000/-and Rs.6,500-10,500/- respectively.

4. As stated above, the petitioners were earlier granted A.C.Ps. by order dated 31.12.2005 as contained in Annexure-3 to the writ application in the pay-scales of next promotional posts. However, upon objection by the Finance Department, which stated that as per the resolution of the State Government granting A.C.P. to the State Government employees as contained in Annexure-2 to the writ application, the petitioners were entitled to their 1st and 2nd A.C.Ps. in the next higher pay-scales only, and not in the pay scales of the next promotional posts, by order contained in Memo No. 1376 dated 02.03.2013, as contained in Annexure-11 to the writ application, the A.C.Ps. granted to the petitioners were reduced accordingly, in the pay-scales of Rs.5,500-9,000 and Rs.6,500-10,500/- respectively.

5. Two of these petitioners preferred writ application in this Court in W.P.(S) No. 93 of 2013, against the aforesaid order dated 02.03.2013, which was allowed by this Court by order dated 13.11.2013, in the following terms:-

“I have heard learned counsel for the parties and considered the facts and materials on record. It is an admitted fact that by order dated 31st December, 2005 (Annexure-3), the petitioners were given the benefits of first and second ACP and their pay scales were fixed in the next higher scales of Rs.6500-10500/- and Rs.8000-13500- respectively. By the impugned order dated 2nd March, 2013 (Annexure-10) the pay scales of the petitioners have been substantially reduced to Rs.5500-9000/- and Rs.6500-10500/-, respectively, without giving any notice or opportunity of hearing or representation to the petitioners before such reduction of pay for whatever reason.

Reduction of pay substantially certainly affects the person adversely and any such order cannot be passed witho