The Patna High Court, while disposing of a petition filed seeking issuance of a writ in the nature of mandamus for direction to grant of benefit of Sunishit Virt Unnayan Yogyna and Rupantar Sunishit Vrit Unnayan Yogyna to the petitioner, which is pending before the government of Bihar from years, held that there is no iota of doubt that the petitioner has to be granted the benefits of the Assured Career Progression scheme as also that of the MACP scheme, dehors the fact that the petitioner has not passed the Departmental Accounts Examination.
Brief Facts:
The case of the petitioner for the grant of the benefits of the ACP/MACP scheme has not been considered, since the petitioner did not qualify papers I and II of the Departmental Accounts Examination as well as did not clear the computer proficiency test.
Contentions of the Petitioners:
The Learned Counsel for the Petitioners submitted that non-passing of the departmental exam cannot be an impediment to the grant of the benefits of the ACP/MACP scheme.
Contentions of the Respondents:
The Learned Counsel for the Respondent opposed the present writ petition; however, he was not able to controvert the arguments.
Observations of the Court:
The Court observed that non-passing of departmental examination shall not be an impediment to granting the benefits of time-bound promotions/ACP/MACP.
The Court said that extending the benefit of ACP, which is purely and simply in the nature of granting monetary benefit without actually effectuating any promotion to any higher post, cannot be withheld for not possessing additional educational qualification, hence for the purposes of granting benefits of ACP/MACP, passing of any exam is not necessary.
The Court remarked that there is no iota of doubt that the petitioner has to be granted the benefits of the Assured Career Progression scheme as also that of the MACP scheme, dehors the fact that the petitioner has not passed the Departmental Accounts Examination or for that matter has not cleared the computer proficiency test, in case he has not been promoted, in order to deal with the problem of stagnation.
The decision of the Court:
The Patna High Court, allowing the petition, held that the Secretary, the Scheduled Castes and the Scheduled Tribes Welfare Department is directed to consider the case of the petitioner for grant of the benefits of ACP/MACP scheme with effect from the due date, without being impeded with the fact that the petitioner has not passed either the departmental accounts examination or the computer proficiency test.
Case Title: Anant Prasad Singh v The State of Bihar & Ors.
Coram: Hon’ble Justice Mohit Kumar Shah
Case no.: Civil Writ Jurisdiction Case No.14417 of 2022
Advocate for the Petitioner: Mr. Jai Ram Singh
Advocate for the Respondents: Mr. Kumari Amrita
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