The petition was disposed of as the State clarified that no recovery of salary was being made because the petitioner was already receiving the Class III pay scale under the ACP Scheme.

1. This writ petition is under Article 226 of the Constitution of India seeking therein the following reliefs:-

“That in the instant writ application the petitioner prays for the issuance of an appropriate writ/Rule/Direction particularly in the nature of Certiorari for quashing the part of the office order contained in Memo No.39 dated 10.12.2016 (Annexure-5) issued under the signature of the Joint Agriculture Director, North Chotanagpur Region, Hazaribagh whereby and where under the name of the petitioner appears at serial no.3 and the promotion granted to him by office order No.42 contained in Memo No.649 dated 1.12.2015 (Annexure-4) from Class IV post to Class III post has been cancelled and he has been posted in the office of the Sub Divisional Agriculture office, Hazaribagh without any show-cause notice. And for a further direction to the respondents to allow the petitioner to work on Class III post in pursuance to the office order No.42 contained in Memo No.649 dated 1.12.2015 (Annexure-4) with all consequential benefits. And for any other relief or reliefs to which the petitioner may be found entitled to.”

2. At the outset, it is being referred herein that when the matter was heard on 15.04.2026, Mr. Samavesh Bhanj Deo, learned counsel for the petitioner has confined this writ petition only with respect to the issue of recovery of the enhanced salary, which has been paid in consequence of the promotion granted in favour of the writ petitioner.

3. Learned counsel for the writ petitioner has limited his prayer only with respect to the issue of recovery.

4. As such, it is evident that the prayer pertaining to cancellation of order of promotion, has not been pressed.

5. So far as the issue of recovery is concerned, Mr. Mrinal Kanti Roy, learned GA-I appearing for the respondent-State, who has taken time on the last date of hearing, i.e., on 15.04.2026, has come out with the instruction to the effect that the petitioner, who has been granted promotion to Class III post, was already getting the pay scale attached to Class III post by virtue of upgradation in pay scale under the ACP Scheme, as such, there is no issue of salary being said to be enhanced one. Hence, there is no question of any recovery.

6. Mr. Samavesh Bhanj Deo, learned counsel for the petitioner, upon this, has submitted that since the writ petition has been confined only with respect to the issue of recovery of enhanced salary and when the State is coming out with the stand that there is no question of recovery of salary, since, the writ petitioner was getting the salary attached to Class III post by virtue of ACP Scheme.

7. Therefore, learned counsel for the petitioner has submitted the instant writ petition may be disposed of, since, the grievance of the writ petitioner is no more required for its adjudication, in view of the submission made on behalf of learned counsel for the respondent-State, as recorded hereinabove.

8. Considering the aforesaid submission, the instant writ petition stands disposed of.