JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dated 18.12.2017 passed by the learned Single Judge of this Court in W.P.(S) No. 1940 of 2014, whereby and whereunder, the writ petition has been dismissed by declining to interfere with the decision of the Government as contained in Memo No. 2394 dated 11.09.2013 issued under the signature of respondent no.2 by which the implementation of Dynamic Assured Career Progression Scheme (in short DACP) w.e.f. 05.04.2002 and 29.10.2008 as per the 5th Pay Revision recommendation and 6th Pay Revision recommendation respectively has been shifted to 01.09.2008, as also prayer for quashing of the notification contained in Memo Nos. 51(3) and 52(3) both dated 15.01.2014 by which the benefit granted in favour of the writ petitioner under DACP have been withdrawn.

2. The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under:

The writ-petitioners, were medical practitioners and they were employed under the respondent-State and all of them have already retired from their services on different dates. The Govt. of India, Ministry of Health & Family Welfare (Department of Health) vide letter dated 05.04.2002 implemented the 5th Pay Revision regarding grant of D.AC.P. which was applicable to the medical practitioners only whereby it has been mentioned that the promotion under said D.A.C.P. scheme shall be made without linkage to the vacancy position. In other words, no vacancy is required for giving the benefits under D.A.C.P. Scheme.

As per this letter dated 05.04.2002, benefits under D.A.C.P. has to be granted after completion of 4 years, 9 years and 13 years of continuous services. It has further been stated that pursuant to 6th Pay Revision, Govt. of India, Ministry of Health & Family Welfare, issued another office memorandum dated 29.10.2008 which was made effective from 29.10.2008. Thereafter, the Govt. of Jharkhand vide resolution dated 28.11.2011 accepted implementation of both 5th and 6th pay revisions after approval of the Cabinet and the benefits under D.A.C.P. was made effective from 05.04.2002 in light of 5th Pay Revision and the benefit of D.A.C.P. from 29.10.2008 in light of 6th pay revision. The writ-petitioners after being qualified in terms of 5th and 6th pay revision were granted the benefits of D.A.C.P. vide notification Nos. 446(3) and 447(3) both dated 02.04.2013, issued by the Department of Health, Govt. of Jharkhand Ranchi. As per cut-off date, as notified by the State Government vide Annexure-3, the writ-petitioners were then in service and they have rightly been granted benefits of D.AC.P. by the respondents. It is the specific case of the petitioners that all of a sudden, without any information or show-cause to the petitioners, the cut-off date which was fixed by the Government has been modified to 01.09.2008 vide resolution dated 11.09.2013, whereas, as per resolution dated 22.01.2013 (Annexure the petitioners were entitled for all the financial benefits. Accordingly, pursuance of order dated 11.09.2013, the Department of Health & Family Welfare, Govt. of Jharkhand issued notification dated 15.01.2014 whereby the benefits of D.A.C.P granted to the writ-petitioners notification dated 02.04.2013 has been withdrawn.

3. It is evident from the factual aspect that in view of the decision of the Government of India, Ministry of Health and Family Welfare, the scheme of DACP was implemented w.e.f. 05.04.2002 on the basis of the recommendation made by the Central Pay Commission as under 5th Pay Revision recommendation. The aforesaid scheme contains a provision that promotion under the said D.A.C.P. scheme shall be made without linkage to