JUDGMENT :

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the Letter No. 1711 dated 01.06.2011 (Annexure-5) issued by respondent No.5; whereby the benefits of 1st A.C.P which had been granted to the petitioner w.e.f 14.12.1999 as per the decision of Departmental Screening Committee vide Govt. Memo No. 1171 dated 27.07.2007 (Annexure-4) issued by the respondent No.4 has been recalled and an order has been passed by respondent No.5 to grant the benefits of 1st A.C.P to the petitioner w.e.f. 09.02.2006 with a further order to recover the excess amount paid to the petitioner as salary after re-fixing the salary of the petitioner. The petitioner has further prayed for a direction upon the respondent-authorities to accept the confirmation of the benefit of 1st A.C.P w.e.f 14.12.1999 which had been duly granted him under Memo No. 1171 dated 27.07.2007.

3. The brief facts of the case is that after being successful in graduate level limited competitive examination held in the year 1985, the petitioner was recommended by the Bihar State Subordinate Selection Board for his appointment as Co-operative Extension Officer along with 11 other persons in Co-operative Department, Bihar, Patna. Pursuant thereto; he was appointed as Co-operative Extension Officer and was posted in the office of Joint Registrar, Co-operative Societies, Kosi Division, Saharsa vide Govt. Letter dated 09.12.1987, which he joined on 14.12.1987. Subsequently, the petitioner was posted in Vaishali district and after getting permission from the concerned department he appeared in the competitive examination held by Bihar Public Service Commission and after being selected was recommended for his appointment on the post of Supply Inspector in Food, Supply and Commerce Department, Bihar vide Letter No. 414 dated 30.11.1993 issued by the Secretary, Bihar Public Service Commission and finally the petitioner was appointed as Supply Inspector in the scale of Rs. 1600-2780/- vide Govt. Memo No. 340 dated 22.01.1994. Thereafter, the petitioner was relieved from the Co-operative Department to join on the new post of Supply Inspector in Food, Supply and Commerce Department, Bihar. Subsequently, after bifurcation of State, in the year’2002, Jharkhand State Government vide its Letter No. 5207 dated 14.08.2002 issued by the Finance Department, Jharkhand, Ranchi took a decision to provide the benefit of 1st A.C.P and 2nd A.C.P to its employees after completion of 12 years and 24 years of service respectively.

4. The contention of the petitioner is that the provision of Financial Up-gradation under the A.C.P Scheme is that the service of an employee should be taken from the date of initial appointment for the purpose of granting monetary benefit; as such this petitioner who was initially appointed as Co-operative Extension Officer in the Co-operative Department and worked on the said post w.e.f. 14.12.1987 till 08.02.1994 when he was relieved from the erstwhile department to join as Supply Inspector after being selected through Bihar Public Service Commission; the Financial Up-Gradation of the petitioner should be counted from the date of initial appointment i.e. 14.12.1987 and accordingly; the Departmental Screening Committee of Food, Supply and Consumer Affair Department, Jharkhand, Ranchi has rightly granted the 1st A.C.P to this petitioner on 14.12.1999, after completion of 12 years of service from the date of initial appointment of this petitioner on the post of Co-operative Extension Officer.

5. The grievance of the petitioner is that through pursuant to the Government order issued under Memo No.1171 dated 27.07.2007 (Annexure-4), the benefit of 1st A.C.P was granted w.e.f. 14.12.1999 and the salary was fixed on the basic pay scale of Rs. 7075/- w.e.f. 14.12.1999 and in the basic pay scale of Rs. 8300/- w.e.f 01.12.2006 by the Sub Divisional Officer, Ramgarh, Dumka on 8.11.2007 and the petition