Patna High Court
Prem Kumar vs The State Of Bihar on 24 January, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15931 of 2021
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Prem Kumar S/o Late Shiv Shankar Prasad, resident of Village-Paterhi Belsar,
District-Baishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Engineer-in-Chief, Rural Works Department,
Bihar, Patna.
2. The Superintending Engineer, Rural Works Department, Work Circle,
Muzaffarpur.
3. The Executive Engineer, Rural Works Department, Work Division,
Muzaffarpur West.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Advocate
For the State : Mr.Kameshwar Pd. Gupta (Gp10)
Mr. A. Karim, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 24-01-2024
The present writ petition has been filed
seeking the following relief:-
"I. That the appropriate writ or direction be
issued commanding the respondents to
consider and shift the date of 1st ACP from
16.01.2010
to 01.09.2000 with mandatory
benefits in the light of the ACP Rules 2003
and law settled by the Hon'ble Court.
II. That an appropriate writ or direction be
issued commanding the respondents to
consider and grant the 1st and 2nd MACP
with financial benefits w. e. from due date as
per the MACP Rules."
Patna High Court CWJC No.15931 of 2021 dt.24-01-2024
2. At the outset, the learned counsel for the
petitioner submits that though the petitioner was
earlier granted the benefits of 1st ACP scheme with
effect from 01.09.2000 itself, but the same was
amended vide office order dated 08.01.2019,
erroneously and contrary to the well settled
principle of law to the effect that non-passing of
the departmental accounts examination cannot be
an impediment for grant of the benefits of
ACP/MACP scheme, as has been held by a
judgment rendered by the learned Division Bench
of this 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 10.03.2014, passed
in SLP (C) No.19182 of 2013. It is further stated
that this aspect of the matter has also been
conclusively decided by the Hon'ble Apex Court in
the case of Amresh Kumar Singh & Ors. vs.
The State of Bihar & Ors., reported in 2023(2)
PLJR (SC) 423. It is the further claim of the
petitioner that the petitioner is entitled to the
Patna High Court CWJC No.15931 of 2021 dt.24-01-2024
benefits of 1st ACP with effect from 01.09.2000 and
2nd ACP with effect from 01.09.2009 and 3 rd
ACP/MACP with effect from 01.09.2018.
3. Per contra, the learned counsel for the
respondent-State submits that in case the learned
Division Bench of this Court and the Hon'ble Apex
Court have held that non-passing of the
departmental accounts examination cannot be an
impediment for grant of the benefits of ACP/MACP
scheme to the incumbents, the matter be
remanded back to the authorities for fresh
consideration.
4. Having regard to the facts and
circumstances of the case and considering the law
laid down by the Hon'ble Apex Court and the
learned Division Bench of this Court, as aforesaid, I
deem it fit and proper to quash the orders dated
08.01.2019 and 17.09.2019, passed by the
Engineer-in-Chief, Rural Works Department,
Government of Bihar, Patna and remand the
matter back to him to reconsider the case of the
petitioner in light of the judgement rendered by
Patna High Court CWJC No.15931 of 2021 dt.24-01-2024
the Hon'ble Apex Court in the case of Amresh
Kumar Singh (supra) as also in light of the
judgement rendered by the learned Division Bench
of this Court in the case of Anjani Kumar (supra)
and pass a reasoned and a speaking order with
regard to the entitlement of the petitioner to grant
of the benefits of the ACP/MACP scheme from the
due date, without being impeded by the fact that
the petitioner had not passed the departmental
accounts examination in time, within a period of
four weeks of receipt/production of a copy of this
order.
5. The writ petition stands allowed.
(Mohit Kumar Shah, J)
kanchan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.01.2024
Transmission Date NA
