JUDGMENT : ANANDA SEN, J. By way of filing this writ petition, the petitioners have prayed for the following reliefs: - i) For issuance of a writ(s)/ direction(s)/order(s) in the nature of mandamus upon the respondent authorities for quashing the office order as contained in letter No. 1665, (Annexure- 13) dated- 07.09.2016 issued by the Department of Industry, Mines and Geology, Government of Jharkhand. ii) And for issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities for the grant of 1 st & 2 nd A.C.P. as has been granted to the Junior Engineers of Jharkhand by the Department of Finance, Government of Jharkhand as contained in the resolution memo No. 2422/F, dated 13.10.2005 and memo No. 1746/F, dated-12.08.2011. A ND/OR iii) For issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities for the grant of M.A.C.P. which is in force from dated 01.09.2008. And/Or iv) For issuance of a writ(s)/direction(s)/order(s) in the nature of mandamus upon the respondent authorities to release necessary fund required to pay the arrears naturally occurred after the grant/payment of bona fide 1 st and 2 nd A.C.P. & M.A.C.P. 2. The petitioners are Mining Inspectors and benefit of ACP provided to them after 12 years of service has been diminished. Three resolutions were issued by department of finance relating to rules and guidelines for up- gradation of pay scale in A.C.P Scheme. Some paragraphs of the resolutions were repealed through office order No. 1665 dated 07.09.2016 while the rest paragraphs states that up-gradation should be given to the next existing higher promotional post of cadre without creating new posts for the purpose. Hon’ble Patna High Court with regard to Junior Engineers held that their pay scale should be according to their promotional post, i.e, first promotional post of Assistant Engineer and second promotional post of Executive Engineer. According to the Mining Inspectors, their pay scale of first A.C.P was diminished from Rs. 6500-10500 to Rs. 5500- 9000 and pay scale of second A.C.P was diminished from Rs.10000-15200 to Rs. 6500- 10500. 3. Learned counsel appearing for the petitioners argued that although Mines Inspectors and Junior Engineers have different roles, both belong to the "Subordinate Engineering Service" cadre under the Jharkhand Subordinate Engineering Service Rules, 2010. 6500-10500 to Rs. 5500- 9000 and pay scale of second A.C.P was diminished from Rs.10000-15200 to Rs. 6500- 10500. 3. Learned counsel appearing for the petitioners argued that although Mines Inspectors and Junior Engineers have different roles, both belong to the "Subordinate Engineering Service" cadre under the Jharkhand Subordinate Engineering Service Rules, 2010. He further contended that Mining Inspector’s co-appointed colleagues in Bihar belonging to the same cadre have been granted the first ACP pay scale of Rs. 6500–10500 and the second ACP of Rs. 10000–15200, as per an office order from the Bihar Mines and Geology Department. He further argued that the mining Inspectors in Jharkhand are also legally entitled to the same ACP pay scales under Rule 73 of the Bihar Reorganization Act, 2000. Unfortunately they are deprived of these benefits, which goes against the Act. He furthers submits that the petitioners are legally entitled and eligible to get the first A.C.P. pay scale of their promotional post of Assistant Mining Officer i.e. Rs. 8000-13500 and second A.C.P. pay scale of next promotional post of District Mining Officer i.e. Rs. 10000-15200. 4. Learned counsel appearing for the respondents contended that the order in question is based on clear reasoning. It explains that financial upgrades under the ACP/MACP schemes are allowed in the next higher pay scale when there is no clear promotion path or only a portion of posts are marked for promotion. He further submits that before 2011, there were no service rules for Mines Inspectors. The "Jharkhand Subordinate Mining Engineering Service Rules, 2010" came into effect on April 5, 2011. These rules reserved 28% of the posts for promotion for Mines Inspectors who held a Mining Engineering degree. He further submits that the Finance Department clarified that when only a percentage of posts are marked for promotion, only the next higher pay scale mentioned in Schedule-1 is allowed. He further submits that that the petitioners have tried of equate their post with those of Junior Engineers, where the qualification is Diploma in Engineering. The nature of work of both the categories is quite different and mere fact that minimum qualification is Diploma does not necessarily mean that the nature of job, their salary, working condition will be the same. The department considered all rules and decided that ACP benefits should be given only when normal promotion rules are met. The nature of work of both the categories is quite different and mere fact that minimum qualification is Diploma does not necessarily mean that the nature of job, their salary, working condition will be the same. The department considered all rules and decided that ACP benefits should be given only when normal promotion rules are met. Just having a diploma doesn’t make the roles equal. As a result, Mining Inspectors received financial upgrades under the ACP Scheme in the pay scales of 5500-175-9000 (first ACP) and 6500-200- 10500 (second ACP), as confirmed in the reasoned order dated 07.09.2016. 5. In order to appreciate the case of the parties and their respective arguments, I have gone through the entire pleadings and the documents brought on record. 6. The petitioners who were working as Mining Inspectors, claiming to be eligible for grant of benefit of assured career progression scheme (ACP) on the ground that petitioners are entitled to be granted regular promotion to the post of Assistant Mining Officer for which the scale is Rs.6500-10500 (revised scale Rs.8000-13500) and second ACP at the scale of Rs.10000- 15200, have preferred the instant writ petition being aggrieved by the order dated 04.02.2016 by which ACP benefits in lower pay scale have been granted to the petitioners. 7. The petitioners being Mining Inspectors were working in the basic pay scale of Rs.5000-8000 which is similar to that of Junior Engineers. The first promotional post of Mining Inspector is Assistant Mining Officer and next promotional post is that of a District Mining Officer and so on and so forth as per the Jharkhand Mining Engineering Service Rules, 2011. Some of the petitioners were working as Assistant Mining Officer-in-Charge at the time of filing of the instant writ petition, but as on date most of them have either retired or are at the threshold of retirement, whereas two of them have passed away during the pendency of the instant writ petition. Wife of petitioner No.5 was duly substituted in place of the original petitioner No.5 vide order dated 09.07.2024 and name of the petitioner No.8 was deleted. 8. Wife of petitioner No.5 was duly substituted in place of the original petitioner No.5 vide order dated 09.07.2024 and name of the petitioner No.8 was deleted. 8. The petitioners were granted benefits of ACP in pay scale of Rs.6500-10500 and second ACP in the pay scale of Rs.10000-15200 by the Department of Mines and Geology through Office Order No.574/M dated 31.03.2005, but the same was subsequently cancelled vide office order dated 23.05.2008 as contained in Letter No.19/07 and further the excess amount paid to the petitioners on account of grant of ACP was directed to be recovered in 25 equal instalments. The petitioners being aggrieved by the order dated 23.05.2008 approached this Court in W.P.(S) No. 2289 of 2009 with W.P.(S) No.5731 of 2008, which was heard and disposed of by this Court vide order dated 05.08.2015 (Annexure-10), whereby and whereunder this Court has been pleased to quash and set aside the order dated 23.05.2008 as the same were declared not to be in accordance with law and the matter was remitted back for fresh consideration of the claim of the petitioners. Further, a direction was given to pass a reasoned and speaking order within a period of two weeks from the date of receipt/production of a copy of the order. 9. Subsequently, the Department of Mines and Geology issued an order contained in Letter No.120 dated 01.02.2016, whereby and whereunder first ACP benefits in pay scale of Rs.6500-10500 and second ACP in the pay scale of Rs.10000-15200 was duly granted to 17 Mining Inspectors considering the order dated 01.06.2007 passed in C.W.J.C. No.13885 of 2005 and also the fact that both Junior Engineers and Mining Inspectors are of similar cadre. But to the utter shock of the petitioners the order dated 01.02.2016 was subsequently vitiated vide order as contained in Letter No.147 dated 04.02.2016. 10. The Deputy Secretary of the Government of Jharkhand finally issued the impugned office order as contained in Letter No.1665 dated 07.09.2016, whereby and whereunder the petitioners were granted first ACP benefits in pay scale of Rs.5500-9000 and second ACP in the pay scale of Rs.6500-10500. Thus, being aggrieved by the order dated 07.09.2016, the petitioners were constrained to approach this Court in this writ petition. 11. Thus, being aggrieved by the order dated 07.09.2016, the petitioners were constrained to approach this Court in this writ petition. 11. The ACP Scheme as per Memo No.35034 dated 09.08.1999 of the Central Government, stated that the scheme needs to be viewed as a safety net to deal with problem of genuine stagnation and hardship faced by the employee due to lack of adequate provisional avenues and that financial upgradation under the ACP Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre / category of posts without creating new posts for the purpose. Further, even the Hon’ble Patna High Court in C.W.J.C. No.13885 of 2005 has held that ACP pay scale is mandatory to be given certainly in the pay scale of next promotional post in hierarchy. Further, the post of a Mining Inspector is not an isolated post (as per clarification contained in Serial Nos.3 and 31 of Memo No.32034 dated 10.02.2000) like that of a driver, peon etc. and instead a promotional post in the existing hierarchy. Even prior to the framing of 2011 Rules, the Mining Inspectors were routinely promoted to the post of Assistant Mining Officer and then to District Mining Officer and so on and so forth. 12. So far as the stand of respondents with respect to the absence of Rule being framed to govern the services of the petitioners is concerned, the petitioners cannot be made to suffer for laches on the part of the government. Another aspect that needs to be considered is that prior to bifurcation of Bihar, the Mining Inspectors who were appointed along with the petitioners have been granted ACP benefits in the pay scale of Rs.6500-10500 (revised pay scale of Rs.8000-13500) and second ACP in the pay scale of Rs.10000-15200 and MACP in grade pay Rs.7600. As per Rule 73 of the Bihar Reorganisation Act, 2000, the service condition of the petitioners cannot be changed and accordingly they are also eligible for grant of benefits of ACP/MACP as awarded to the Mining Inspectors in Bihar. Rule 73 of the Bihar Reorganisation Act, 2000 reads as under:- 73. As per Rule 73 of the Bihar Reorganisation Act, 2000, the service condition of the petitioners cannot be changed and accordingly they are also eligible for grant of benefits of ACP/MACP as awarded to the Mining Inspectors in Bihar. Rule 73 of the Bihar Reorganisation Act, 2000 reads as under:- 73. Other provisions relating to services.-(1) Nothing in Section 72 shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Bihar or to the State of Jharkhand under Section 72 shall not be varied to his disadvantage except with the previous approval of the Central Government. (2) All services prior to the appointed day rendered by a person.- (a) if he is deemed to have been allocated to any State under Section 72, shall be deemed to have been rendered in connection with the affairs of that State; (b) if he is deemed to have been allocated to the Union in connection with the administration of the Jharkhand shall be deemed to have been rendered in connection with the affairs of the Union for the purposes of the rules regulating his conditions of service. (3) The provisions of Section 72, shall not apply in relation to members of any All India Service. 13. It has also been brought to the notice of this Court that the State of Jharkhand has granted ACP benefits to Junior Engineers of Jharkhand after due consultation of State of Bihar and that Junior Engineers belong to similar cadre as that of the petitioners. 14. Since the respondents have already granted benefits of ACP in the pay scale of Rs.6500-10500 and second ACP in the pay scale of Rs.10000-15200 vide their order dated 01.02.2016, there cannot be any instance for them to recall the same on 04.02.2016 and then pass the impugned order dated 07.09.2016 in the most arbitrary and illegal fashion. 15. 14. Since the respondents have already granted benefits of ACP in the pay scale of Rs.6500-10500 and second ACP in the pay scale of Rs.10000-15200 vide their order dated 01.02.2016, there cannot be any instance for them to recall the same on 04.02.2016 and then pass the impugned order dated 07.09.2016 in the most arbitrary and illegal fashion. 15. The petitioners’ claim for first ACP at the pay scale of Rs.6500- 10500 (revised pay scale of Rs.8000-13500) and second ACP at the pay scale of Rs.10000-15200 is correct as the Hon’ble Apex Court in the case of Vice Chairman, Delhi Development Authority v. Narender Kumar & Others reported in (2002) 11 SCC 641 has held that ACP benefit is to be granted in the promotional grade on completion of twelve years of continuous service in the same grade pay 16. In view of what has been held above, respondents are directed to consider the case of the petitioners for grant of 1 st and 2 nd ACP and MACP. Office Order as contained in letter No.1665 dated 07.09.2016 issued by the Department of Industry, Mines and Geology, Government of Jharkhand is set aside. 17. This writ petition is, accordingly, allowed. Pending interlocutory applications, if any, stand disposed of.