Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. In the instant writ application the petitioner has prayed for the following reliefs:

(i) For issuance of an appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to immediately and forthwith give confirmation of the 2nd ACP granted to the petitioner vide Office Order No. 422 dated 26.2.2008 with effect from 15.9.2005 in the pay scale of Rs. 8000 -13500, since the pension papers of the petitioner was returned by the Accountant General, Jharkhand, Ranchi (Respondent No. 5) pointing that confirmation order of 2nd ACP granted to the petitioner is wanting and thereafter, pension paper of the petitioner could not be forwarded for fixation of pension after rectifying the defect though the petitioner has retired from his service on 30.9.2011 itself.

(ii) For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to immediately and forthwith send the pension papers of the petitioner after rectifying the defect to the Accountant General, Jharkhand, Ranchi (Respondent No. 5) for fixation of pension and payment of current as well as arrears of pension of the petitioner who retired way back on 30.9.2011 but his pension has not been finalized till;

(iii) For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to make correction in the pay scale of the petitioner in the scale of Rs. 7500-12000 instead of Rs. 6500-10,500 pursuant to the pay revision with effect from 01.01.1996 and to make payment of difference of salary;

(iv) For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of mandamus commanding upon the respondents concerned to grant the benefits of MACP to the petitioner, who, after serving for more than 30 years, retired from service on 30.9.2011 and as such the petitioner is entitled for grant of 3rd MACP with effect from 19.5.2009, which has not been given to the petitioner till date as well as for payment of all consequential monetary benefits including arrears of salary together with interest @ 15% per annum over and above the statutory interest.

(v) For issuance of a further appropriate writ(s), order(s) or direction(s) of or in the nature of certiorari for quashing part of memo no. 566 dated 16.03.2013; whereby and whereunder the benefits of the second ACP given to the petitioner vide order contained in Memo No. 422 dated 26.02.2008 in the pay scale of Rs. 8,000-13,500 has been verified in lower pay scale of 7,500-12,000 illegally) and also the subsequent order of withdrawal of second ACP vide Memo No. 2982 dated 23.09.2015 passed by Special Secretary, Welfare Department, Government Of Jharkhand, Ranchi annexed as Annexure -D & E respectively to the counter affidavit.(Allowed vide order dated 07.12.2020 passed I.A . no. 4575 of 2020).

3. The brief facts of the case as per the pleadings is that the petitioner was appointed on 19.05.1979 on the post of Assistant Teacher in the Scheduled Tribe Residential High School, Garu, District Palamau. Petitioner was given promotion on the post of B.A. Trained Teacher in the pay scale of Rs. 415-745 on 15.09.1981. Subsequently the petitioner was given promotion in the Junior Selection Grade in the pay scale of Rs. 1800-3300. On