Patna High Court
Kamod Narayan Kumar @ Kumod Narayan ... vs The State Of Bihar on 23 January, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12521 of 2022
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Kamod Narayan Kumar @ Kumod Narayan Kumar S/o Late Ram Chandra
Kumar, R/ob Village and Post- Kutka, P.S.- Singhwara, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Mass Education, Government of Bihar, Patna.
4. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
5. The Director, Integrated Child Development Service, Social Welfare
Department, Government of Bihar, Indira Bhawan, Bailey Road, Patna.
6. The Collector, Samastipur.
7. The Collector, Darbhanga.
8. The District Programme Officer (I.C.D.S.), Laheriasarai, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kaushlesh Chaudhary, Advocate
Mr.Shambhu Nath Jha, Advocate
For the State : Smt. Binita Singh ( Sc 28 )
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 23-01-2024
The present writ petition has been filed
seeking the following reliefs:-
"i. For issuance of appropriate writ(s)/ rule(s)/
direction(s) in the nature of mandamus
commanding the concerned respondents for
grant of the benefits of Accelerated Carrier
Progression (A.C.P.) and Modified Accelerate
Carrier Progression (M.A.C.P.) to the petitioner
from due date and for payment of all
Patna High Court CWJC No.12521 of 2022 dt.23-01-2024
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consequential benefits thereof.
ii. For quashing of the order passed by the
Collector, Samastipur, issued vide Memo No.
823 dated 11.4.22, by which the petitioner's
claim for grant of ACP/MACP has been
rejected, on erroneous consideration even
without considering the Judgment and Order
dated 09.04.2019 passed in C.W.J.C. No.5438
of 2019."
2. At the outset, the learned counsel for the
petitioner, while assailing the impugned order
dated 11.04.2022, passed by the District
Magistrate, Samastipur, submits that the case of
the petitioner for grant of the benefits of ACP/MACP
scheme has been rejected merely on the ground
that the petitioner has not been able to produce
proof of passing the first paper of the departmental
accounts examination finally. It is submitted that it
is a well settled law that non-passing of the
departmental accounts examination cannot be an
impediment to grant of the benefits of ACP/MACP
scheme and in this regard, the learned counsel for
the petitioner has referred to a judgment rendered
by the Hon'ble Apex Court in the case of Amresh
Patna High Court CWJC No.12521 of 2022 dt.23-01-2024
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Kumar Singh & Ors. vs. the State of Bihar &
Ors., reported in 2023 (2) PLJR (SC) 423.
3. Per contra, the learned counsel for the
respondent-State has opposed the present writ
petition and has submitted that since the
petitioner could not furnish proof regarding
passing the first paper of the departmental
accounts examination, his case has not been
considered for grant of the benefits of ACP/MACP
scheme, however, he has not been able to refute
the law laid down by the Hon'ble Apex Court in the
case of the Amresh Kumar Singh & Ors (supra).
4. I have heard the learned counsel for the
parties and perused the materials on record.
5. 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
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impediment to grant 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 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
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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.
6. 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.
7. Having regard to the facts and
circumstances of the case and for the reasons
mentioned hereinabove, the impugned order dated
11.04.2022
, passed by the District Magistrate,
Samastipur is quashed and the respondent-
authorities are directed to grant the benefits of
ACP/MACP scheme to the petitioner with effect
from the due date, without being impeded by the
Patna High Court CWJC No.12521 of 2022 dt.23-01-2024
fact that the petitioner has not passed the
departmental accounts examination in time,
although it is the contention of the learned counsel
for the petitioner that he has passed the
departmental accounts examination.
8. The writ petition stands allowed.
(Mohit Kumar Shah, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2024
Transmission Date NA
