JUDGMENT :

Shree Chandrashekhar, J.

This is an assigned matter vide order dated 31st October 2020 passed on the administrative side by Hon'ble the Chief Justice, High Court of Jharkhand.

2. The High Court of Jharkhand is in appeal under Clause-10 of the Letters Patent of 1916 constituting the High Court of Judicature at Patna (as adopted by the High Court of Jharkhand) against the order dated 11th April 2017 passed by a learned Single Judge in W.P.(S) No.7563 of 2012.

3. The writ petitioner (hereinafter referred to as respondent no.1) was aggrieved by the order dated 21st September 2012 by which financial upgradations extended to him in the form of 2nd ACP in the pay scale of Rs.10,000-15,200/- w.e.f. 1st December 2000 and 3rd MACP in the pay scale of Rs.15,600-39,100/- with Grade Pay of Rs.7600/- w.e.f. 1st September 2008 were withdrawn, modified and reduced to lower scales of pay. The consequential order as contained in Memo dated 18th December 2012 of recovery of Rs.5,98,509/- was also under challenge in the writ petition.

4. The learned writ Court held that on the date of consideration for grant of financial upgradations there were promotional avenues for the post of Cashier by virt