JUDGMENT :

Shree Chandrashekhar, J.

The State of Jharkhand has challenged the order dated 3rd August 2021 by which the writ Court has quashed the order dated 6th October 2017 and directed the respondents authority to grant benefit of 1st and 2nd Assured Career Progression Scheme (in short, ‘ACP’).

2. Mr. Sreenu Garapati, the learned SC-III submits that the present Letters Patent Appeal has been filed only on the ground that a government employee whose performance was not satisfactory is not entitled for the benefits of ACP in view of Clause-3 (vii) of the resolution dated 14th August 2002.

3. The writ Court has held that the allegations of unsatisfactory performance and unauthorized absence from duty by the petitioner are not supported by any order passed by the disciplinary authority and, therefore, the petitioner who became entitled for 1st ACP with effect from 9th August 1999 and 2nd ACP on completion of 24 years of service with effect from June 2008 cannot be denied such benefits.

4. After recording the following findings, the writ Court has proceeded to quash the order dated 6th October 2017, which was passed by the Director, Industries for the following reasons:

“It is the case of