Patna High Court
Sachidanand Singh vs The State Of Bihar on 9 January, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13095 of 2022
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Sachidanand Singh S/o Late Chand Gobind Singh Resident of Village and
P.O.- Kulharia, P.S.- Koilwar, District- Bhojpur, Pin code- 802160.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Secretary, Animal Husbandry and Fisheries Department, Vikas Bhawan,
Patna, Bihar.
3. Director, Animal Husbandry, Vikas Bhawan, Patna, Bihar.
4. Regional Director, Animal Husbandry, Central Range, Patna.
5. District Animal Husbandry Officer, Arrah, Bhojpur.
6. Veterinary Surgeon, Sheoganj, Arrah, Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Atul Kumar Pandey, Advocate
For the Respondent/s : Mr.Rishi Raj Sinha (Sc19)
Mr.Manoj Kr. Sinha, AC to SC-19
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 09-01-2024
1. The present writ petition has been filed seeking
the following relief(s):-
"1. That, this is an application for issuance of
writ in the nature of mandamus directing the
respondents to grant the petitioner the benefit of
first assured carrier progression (herein
referred as A.C.P.) by shifting the date w.e.f.
09.08.1999
from 01.01.2011 after completion of
12 years of service and further for issuance of
direction to grant the petitioner the benefit of
2nd A.C.P. w.e.f 27.08.2006 after completion of
24 years of service and further to grant of
Patna High Court CWJC No.13095 of 2022 dt.09-01-2024
M.A.C.P. w.e.f. 27.08.2012 after completion of
30 years of service with all consequential
benefit including the revision of pension of the
petitioner for which the petitioner is entitled to
in accordance with law. Further for issuance of
direction to respondents for making the
payment of cost and interest for the delay in
making the payment of the benefit of A.C.P. to
the petitioner. "
2. The learned counsel for the petitioner has
submitted that on account of non-passing of the Departmental
Accounts Examination, the petitioner has not been granted the
benefits of the Assured Career Progression/Modified Assured
Career Progression Scheme in time. It is submitted that the
benefits of the 1st Assured Career Progression Scheme was due
to be grant to the petitioner w.e.f. 09.08.1999, however, the
same has been granted w.e.f. 01.01.2011, since the petitioner has
passed the Departmental Accounts Examination, finally in the year
2011. It is further submitted that it is a well settled law that for the
purposes of grant of the benefits of the Assured Career
Progression/Modified Assured Career Progression Scheme, it is
not necessary to pass the Departmental Accounts Examination,
hence the respondents be directed to grant benefits of Assured
Career Progression/Modified Assured Career Progression
Patna High Court CWJC No.13095 of 2022 dt.09-01-2024
Scheme w.e.f. the due date without being impeded by the fact
that the petitioner has not passed the Departmental Accounts
Examination in time.
3. This Court finds that the law regarding the issue
under consideration is no longer res integra, inasmuch as a
learned Division Bench of this Court in the case of the State of
Bihar & Ors. vs. Ram Subhag Singh (LPA No. 4 of 2021),
reported in 2022 (2) PLJR 773, by a judgment dated 11.5.2022,
has held that non-passing of departmental examination shall not
be an impediment to grant of the benefits of time bound
promotions / ACP/MACP. In fact, this aspect of the matter has
also been decided by a judgment, rendered by this Hon'ble
Court in the case of State of Bihar & Ors. vs. Anjani Kumar,
reported in 2013 (2) PLJR 643, which has also been upheld by
the Hon'ble Apex Court, by an order dated 10.3.2014, passed in
SLP (C) No. 19182 of 2013. In this regard, reference be also had
to a judgment rendered by the learned Division Bench of this
Court in the case of State of Bihar & Ors. vs. Smt. Jivachi
Devi, reported in 2020 (2) BLJ 471, which has also been upheld
by the Hon'ble Apex Court, in view of the dismissal of the
Special Leave Petition filed by the respondent- State. It would
be equally gainful to refer to a judgment rendered by the learned
Patna High Court CWJC No.13095 of 2022 dt.09-01-2024
Division Bench of this Court in the case of The State of Bihar
& Ors. vs. Shri Krishna Singh & Anr. (L.P.A. No. 372 of
2019). In a recent judgement, rendered by the Hon'ble Apex
Court in the case of Amresh Kumar Singh (supra), it has been
held that extending the benefit of ACP, which is purely and
simply in the nature of grant of 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.
4. Thus, 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 MACP scheme, de hors the fact that the
petitioner has not passed the Departmental Accounts
Examination, in case he has not been promoted, in order to deal
with the problem of stagnation.
5. Having regard to the facts and circumstances of
the case, I deem it fit and proper to direct the Director, Animal
Husbandry Department, Government of Bihar, Patna to consider
the case of the petitioner for grant of the benefits of the Assured
Career Progression/Modified Assured Career Progression
Scheme, without being impeded by the fact that the petitioner
Patna High Court CWJC No.13095 of 2022 dt.09-01-2024
has not passed the Departmental Accounts Examination in time
and grant the benefits of the Assured Career
Progression/Modified Assured Career Progression Scheme to
the petitioner w.e.f. the due date by passing a reasoned and a
speaking order, within a period of four weeks of
receipt/production of a copy of this order.
6. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
Saurav/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024
Transmission Date NA
