Industry Extension Officers, as feeder cadre to Project Manager under Cadre Rules, entitled to 1st ACP in Rs.6500-10500 scale; order reducing to Rs.5500-9000 relying on deleted Finance Resolution clause quashed; no recovery, arrears directed.

JUDGMENT :

Deepak Roshan, J.

Since common issue is involved in both these writ petitions; as such, both were heard together and being disposed of by this common judgment.

2. In W.P.(S) No. 5216 of 2012 the petitioners have made the following prayers:

“i) Quashing the office order dated 14-06-2012 issued by the Director Industries, Jharkhand, Ranchi in terms of which the order no. 964 dated 09-04-2006 and order no. 1625 dated 17-07-2006 and order no. 88 dated 15-01-2007 has been modified and the benefit of A.C.P. granted to Industries Extension Officers by placing them in pay scale of 6500-10500 has been reduced to pay scale of 5500-9000 and direction for recovery of alleged excess payment has been issued;

ii) Upon quashing the office order dated 14-06-2012 issued by the Director Industries, Jharkhand, Ranchi be further pleased to hold that the Industry Extension Officers are entitled to the pay scale of 6500-10500 consequent to grant of benefit of 1^st A.C.P.;

iii) Further, for a direction upon the respondents to pass an order of confirmation of benefit of 1^st A.C.P. of the petitioners and release the arrears of salary of the petitioners which has been withheld on account of non- confirmation of the benefits of 1^st A.C.P. granted to the petitioners Vide office order dated 19-04-2006 and 17-07-2006;

AND

For any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper.”

3. In W.P.(S) No. 2381 of 2012 the petitioner has made the following prayers:

“2.1) to immediately and forthwith confirm benefit of 1st Assured Career Progression (ACP) granted to the petitioner vide office order dated 17-07-2006 with all consequential benefits;

ii) to immediately and forthwith release the arrears of salary of the petitioner on account of increments to which the petitioner is entitled and which has been withheld on account of non-confirmation of the benefit of 1^st Assured Career Progression granted to the petitioner vide office order dated 17-07-2006.

iii) For further direction upon the respondents to pay interest on the same on account of delayed payment of salary for no fault on the part of the petitioners.

IV) An appropriate writ, order or direction for quashing the order dated 14.06.2012 passed by the respondent no.1 by which the respondent specifically observed that the petitioner is not entitled for grant of First ACP in the pay-scale of Rs. 6500-10500/- and has further directed departmental recovery as the First ACP has been granted to the petitioner wrongly.

AND

For any other appropriate writ or order or direction as this Hon'ble Court may deem fit and proper.”

4. Briefly stated, all the petitioners are working as Industry Extension Officer, Directorate of Industry, Government of Jharkhand. In the year, 2002 the State Government implemented ACP scheme for its employees and the Administrative Department was authorized to grant the benefit provisionally and get the same confirmed by the Finance Department within a period of one year.

In the year, 2005 respondent authorities via amendment empowered the Departmental Secretary of concerned department to confirm the benefit of ACP within a period of one year. Accordingly, the petitioners were granted benefit of 1^st ACP in 2006 w.e.f. different dates; however, the respondents did not confirm the benefits within one year and due to this inaction, the petitioners were denied the consequential benefits pursuant to grant of 1