Patna High Court
The State Of Bihar And Ors vs Pranav Kant Babban And Anr on 1 May, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.488 of 2018
In
Letters Patent Appeal No.1695 of 2016
======================================================
1. The State Of Bihar through the Chief Secretary, Govt, of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Govt, of Bihar,
Patna.
3. The Engineer-in-Chief-Cum-Additional Secretary-cum-Special Secretary,
Road Construction Department, Govt, of Bihar, Patna.
4. The Superintending Engineer, Road Construction Department, Mechanical
Circle, Patna,
... ... Petitioners
Versus
1. Pranav Kant Babban, Son of Late Nand Kishore Prasad, resident of Flat
No. 402, A.R.N. Villa, Apartment, Mahatma Gandhi Nagar, Kanti Factory,
Road, Patna P.O.- Bahadurpur Housing Colony, P.S- Agamkuan, District-
Patna, presently working as Accounts Clerk in the office of Superintending
Engineer, Road Construction Department Mechanical Circle, Patna.
2. The Finance Secretary, Finance Department, Govt. of Bihar, Patna.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Dubey, AC to AAG-11
Mr. Dinesh Maharaj AC To AAG-11
For the Opposite Party/s : Mr. S.B.K. Manglam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 01-05-2024
On 24.04.2024, the following order was passed:
"We find prima facie the review
petitioners have no case on merits in the light of
Hon'ble Supreme Court decision in the case of
Amresh Kumar Singh and Others Vs State of
Bihar and others reported in 2023 SCC Online SC
496 in which Hon'ble Supreme Court has
distinguished in respect of entitlement of time
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
2/9
bound advancement/ACP to the extent that an
employee need not fulfill the requisite criteria for
the next higher promotion in other words,
promotion and ACP/time bound promotion has
been distinguished. In this regard, State counsel, is
hereby directed to take note of the aforementioned
decision and apprise this Court as to whether the
cited decisions is applicable to the present case or
not? If there is no assistance on the next date of
hearing we will dismiss the present civil review for
the reasons that present review petition is pending
consideration for the last about six years.
2. Re-list this matter on 01.05.2024."
2. Today, learned counsel for the review
petitioners-State relying on reported decision in the case of
State of Haryana and Others v. Sita Ram and Others, reported
in (2013) 16 SCC 677 (Para-4). To distinguish Amresh Kumar
Singh decision, para-4 of the aforementioned decision reads as
under:-
"4. After 4 years, the Governor of
Haryana framed the 1998 Rules. Rules 1, 3(b),
3(d), 3(e), 3(q), 3(r) and 5 of those Rules read as
under:
"1.Short title, commencement and
objective.--(1) These Rules may be called the
Haryana Civil Services (Assured Career
Progression) Rules, 1998.
(2) They shall be deemed to have come into
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
3/9
force on the first day of January, 1996, unless
otherwise provided by the Government for any
class or category of persons.
(3) The objective of these Rules is to provide
such of government servants who fall within the
scope of these Rules, at least two financial
upgradations, including the financial upgradation,
if any, availed by such government servants as a
consequence of the functional promotion, within
the corresponding prescribed period of length of
service during his entire career, as may be
specified under these Rules or by the Government
from time to time within these Rules, with reference
to the functional pay scale of the post on which he
joined the Government service as a direct recruited
fresh entrant.
***
3. Definitions.-- In these Rules, unless the
context otherwise requires--
***
(b) 'direct recruited fresh entrant' with
reference to a post or a government servant means
the post on which such government servant was
recruited as a regular and direct recruitee in the
Government service and is in continuous
employment of Government since such recruitment;
***
(d) 'functional pay scale' in relation to a
government servant means the pay scale which is
prescribed for the post held by the government
servant. It does not mean any other pay scale in
which the government servant is drawing his pay
as a personal measure to him with any other
justification like based on length of service, or on
higher/additional qualification or on upgradation
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
4/9
of pay scale due to any other reason.
(e) 'first assured career progression scale'
with reference to--
(i) government servant means the revised
scale as mentioned in Column 3 of Part I of
Schedule I against the name of post(s) in Column 2
of Part I of Schedule I, on which the government
servant was recruited as a direct recruited fresh
entrant in the Government service,
(ii) all other government servants not
covered in sub-clause (i) above but on whom these
Rules apply, the pay scale as mentioned in Column
3 of Part II of Schedule I against the pay scale
mentioned in Column 2 of Part II of Schedule I, as
the corresponding existing scale prescribed for the
post against which such government servant was
recruited as a direct recruited fresh entrant in the
Government service:
Provided that the First Assured Career
Progression scale may also be referred to as first
ACP scale or ACP I scale.
***
(q) 'second assured career progression
scale' with reference to--
(i) government servant means the revised
scale as mentioned in Column 4 of Part I of
Schedule I against the name of post(s) in Column 2
of Part I of Schedule I, on which the government
servant was recruited as a direct recruited fresh
entrant in the Government service;
(ii) all other government servants not
covered in sub-clause (i) above but on whom these
Rules apply, the pay scale as mentioned in Column
4 of Part II of Schedule I against the pay scale
mentioned in Column 2 of Part II of Schedule I, as
the corresponding existing pay scale prescribed for
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
5/9
the post against which such government servant
was recruited as a direct recruited fresh entrant in
the Government service:
Provided that the Second Assured Career
Progression scale may also be referred to as
second ACP scale or ACP II scale.
(r) 'standard pay scale' (as it is or with the
prefix 'First' or 'Second', as the case may be) with
respect to any government servant means the scale
of pay, other than the existing pay scale prescribed
for the post on which such government servant is
working, in which the government servant was
drawing his pay prior to 31-12-1995 and also any
pay scale granted to him for the purposes of
drawing his pay as 'pay scale as a personal
measure to him' as defined under these Rules
through any other order/notification of the
Government or with any other reason;
***
5. Eligibility for grant of ACP scales.--(1)
Every government servant who, after a regular
satisfactory service for a minimum period of 10
years, if the minimum period is not otherwise
prescribed to be different than 10 years either in
these Rules or by the Government for any class or
categories of government servant from time to
time, has not got any financial upgradation in
terms of grant of a pay scale higher than the
functional pay scale prescribed for the post as on
31-12-1995
, on which he was recruited as a direct
recruited fresh entrant--
(a) either as a consequence of his functional
promotion in the hierarchy, or
(b) as a consequence of the revision of pay
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
scale for the same post, or
(c) as a consequence of any other event
through which the functional pay scale of the post
has been upgraded, with respect to the functional
pay scale prescribed for the post as on 31-12-1995,
shall for the purposes of drawal of pay, be eligible
for placement into the first ACP scale with
reference to him.
(2) Every government servant who, after a
regular satisfactory service for a minimum period
of 20 years, if the minimum period is not otherwise
prescribed to be different than 20 years either in
these Rules or by the Government for any class or
categories of government servant from time to
time, has not got more than one financial
upgradation in terms of grant of a pay scale higher
than the functional pay scale prescribed for the
post as on 31-12-1995 on which he was recruited
as a direct recruited fresh entrant--
(a) either as a consequence of his functional
promotion in the hierarchy, or
(b) as a consequence of the revision of pay
scale for the same post, or
(c) as a consequence of any other event
through which the functional pay scale of the post
has been upgraded, with respect to the functional
pay scale prescribed for the post as on 31-12-1995,
shall for the purposes of drawal of pay, be eligible
for placement into the second ACP scale with
reference to him:
Provided that grant of ACP scale shall also
be considered for financial upgradation for the
purposes of this Rule.
Note.--For the purposes of these Rules,
'regular satisfactory service' would mean
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
continuous service counting towards seniority
under Haryana Government, including continuous
service in Punjab Government before
reorganisation, commencing from the date on
which the government servant joined his service
after being recruited through the prescribed
procedure or rules, etc. for regular recruitment, in
the cadre in which he is working at the time of
being considered his eligibility for grant of ACP
scales under these Rules and further fulfilling all
the requirements prescribed for determining the
suitability of grant of ACP scales.
Explanation.--The ACP scale upgradation
will come into play only if due to functional
promotion or upgradation of scale for the same
post as specified above, the government servant
has not got the benefit of at least one pay scale
upgradation within the prescribed period of 10
years or any other prescribed period for the grant
of first ACP scale or two such financial
upgradations within a period of 20 years or within
the period otherwise specified for grant of second
ACP scale. If within 10 years of service or within
the prescribed period of service for the grant of
first ACP, the employee has already got at least one
financial upgradation or within 20 years of service,
as the case may be, or otherwise prescribed period
of service for the grant of second ACP scale, the
government servant has already got at least two
financial upgradations, benefit of these Rules will
not be extended to such employees save if
otherwise provided in these Rules.
(3) For determining the eligibility of grant of
ACP scale, following conditions must also be
fulfilled by the government servant--
(a) After completing the respective
prescribed period for eligibility for the grant of
ACP scales the government servant should be fit to
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
be promoted to the next higher post in the
functional hierarchy in his cadre, but could not be
functionally promoted due to lack of vacancy in the
promotional post in the hierarchy to which he is
eligible to be promoted;
(b) If such promotion involves test of any
departmental post or other test, etc. such condition
should also be fulfilled by such government
servant.
(4) The eligibility for grant of the ACP
scales shall further be subject to any other
restriction as may be prescribed by the
Government from time to time including the
restriction of the number of government servant to
be granted the respective ACP scales in terms of
percentage of posts in the cadre to which such ACP
placements shall be limited:
Provided that till the time such restrictions
are not imposed by the Government--
(a) there shall be no restriction on the
number of government servants to be granted the
first or second ACP scales with reference to the
government servants covered in sub-rule (2) of
Rule 4.
(b) for the government servants covered in
sub-rule (1) of Rule 4, there shall be no restriction
on the number of government servants for grant of
first ACP scale. However, the grant of the second
ACP scale for such government servants as
covered in sub-rule (1) of Rule 4 shall be limited to
20% of the total posts in the cadre."
3. In the State of Haryana case (cited supra) is of
the year 2013, whereas Amresh Kumar Singh case is of the year
2023 and in Amresh Kumar Singh and Others case, Hon'ble
Supreme Court interpreted Rules of the State of Bihar.
Patna High Court C. REV. No.488 of 2018 dt.01-05-2024
Therefore, State of Haryana's case cited on behalf of review
petitioner is not applicable to the case in hand. Accordingly,
review petitioners contention that it is a distinguishable is not
acceptable.
4. Accordingly, the present Civil Review petition
stands dismissed. Pending I.A, if any, stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date NA
