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Jharkhand High Court
Akshay Lal Prasad vs The State Of Jharkhand & Ors on 6 January, 2026
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 533 of 2020
Akshay Lal Prasad ... ... Petitioner(s)
Versus
The State of Jharkhand & Ors. ... ... Respondent(s)
CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner(s) : Mr. Saurabh Shekhar, Advocate
For the State : Mr. Ayush Deb, AC to GP-VI
For the Respondent No.6 : Mr. Sunil Kr. Agarwal, Advocate
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th
Order No. 09 /Dated: 06 January 2026
Order dated 20.11.2025 reads as under:
"The grievance of the petitioner is that the increment is not being
given to him on the ground that he has not passed the departmental
examination.
2. Learned counsel for the petitioner draws attention of this Court
towards Appendix-D of Public Works Department, and submits that Rule-1
of Appendix-D, clearly indicates that an officer who fails to pass the
examination will receive no further increments of pay until the examination
is passed.
He further submits that the Jharkhand Public Works Department
Code in its Introductory-1C stipulates that the Rules relating to pay,
allowances, leave, pension etc. will be governed by the provisions as
contained in the Jharkhand Service Code, the Jharkhand Travelling
Allowance Rules and the Jharkhand Pension Rules are applicable to the
members of the State and subordinate services under the administrative
control of the Public Works Department.
By relying upon introductory-1C, he submits that as is stipulated in
this Clause, about the application of Rules of Jharkhand Service Code and
other allowance rules of General Administration, the compulsion of
Appendix-D for passing departmental examination to get increment
becomes redundant, in view of the fact that increment is part and parcel of
Time Scale Pay (Rule-50 of Jharkhand Service Code), which says that time
scale pay means pay which subject to any condition prescribed in these
Rules rises by periodical increments from a minimum to maximum. It
includes the class of pay formerly known as "Progressive".
Learned counsel for the petitioner further draws attention of this
Court towards definition of pay in Rule 34 of Jharkhand Service Code,
which says that the pay, other than special pay or pay granted in view of his
personal qualifications, which has been sanctioned for a post held by him
substantively or in an officiating capacity, or to which he is entitled by
reasons of position in a cadre................
By referring to Rule 34 of Jharkhand Service Code he, then,
contends that the increment is part and parcel and incidental to the basic
pay of an employee in a time scale. The only bar is given in Rules 83 & 84
of the same Jharkhand Service Code, which indicates that the moment an
employee is confirmed, the increment is to be governed as a matter of
course, except, if any punishment or efficiency bar is imposed.
3. Apart from the legal grounds, he relied upon the judgment passed
in the case of Amaresh Kumar Singh & Ors reported in 2023 SCC 496,
wherein the concept of ACP has been defined and ACP has been taken care
of, wherein it has been held by Hon'ble Apex Court that passing of any
departmental examination is not required for A.C.P benefit, because the
basic purpose of A.C.P benefit is financial up-gradation. He relied upon
several paragraphs of the aforesaid judgment and contended that the same
analogy will apply in the case of increment also.
4. Learned counsel for the Respondents opposed the prayer of the
petitioner for the reason that the instant writ application was filed for
quashing of the reasoned order; however, the reasoned order itself says that
the issue of increment is lying pending before the Finance Department and
finally in the counter affidavit they have taken a stand of Jharkhand Public
Works Department vis-à-vis passing of departmental examination.
5. Having regard to the aforesaid, learned counsel for the respondents
is directed to seek instruction as to whether the specific stipulation of P.W.D
Code, Jharkhand Service Code and other Code would apply in the matter of
scale of pay allowance etc.; then, as to how the passing of departmental
examination for increment is legally sustainable.
6. List this case on 1st December, 2025."
Today learned counsel for the petitioner has further argued that as
per Rule 83 of Jharkhand Service Code it is abundantly clear that an
increment shall ordinarily be drawn as a matter of course, unless it is
withheld. By relying upon Rule 83 of Jharkhand Service Code he submits
that when increment is not withheld then passing of departmental
examination is not necessary as per Appendix-D of Public Works
Department.
Learned counsel for the respondents prays and is allowed time to
rebut the argument and contention raised by the petitioner with regard to
passing of departmental examination.
List this case on 29.01.2026.
(Deepak Roshan, J.)
6th January 2026
Amit
