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Patna High Court
Ram Babu Chaudhary vs The State Of Bihar on 7 January, 2026
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24304 of 2018
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Ram Babu Chaudhary S/o Late Ram Udgar Chaudhary Resident of Village
Fateha, P.S. Bachhabara, District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, water Resources
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Govt. of Bihar, patna
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna
4. The Chief Engineer, Water Resources Department, Bhagalpur
5. The Superintending Engineer, Water Resources Department, Kharagpur,
Jamui.
6. The Executive Engineer, Irrigation Division No. 1, Laxmipur, Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 07-01-2026
Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The petitioner has filed the instant application
for the following relief(s) :
"a) For quashing the corrigendum issued under
memo no. 3527 dated 18/11/2014 under the
signature of the Chief Engineer, Water Resources
Department, Bhagalpur (Annexure 2) amending
his office order issued under memo no. 2548
dated 20/8/2014 (Annexure 1) in so far as the
case of the petitioner is concerned and thereby
denying grant of benefit of Assured Career
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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Progression Scheme / Modified Assure Career
Progression Scheme to the petitioner.
b) For restoring the benefit of Assured Career
Progression Scheme /Modified Career
Progression Scheme to the petitioner as granted
to him by the office order of the Chief Engineer,
Water Resources Department, Bhagalpur issued
under memo no. 2548 dated 20/8/2014 (Annexure
1) with all consequential benefits.
c) For a direction to the respondents to pay
interest to the petitioner over the sum illegally
withheld by the respondents by denying the
petitioner the benefit of Assured Career
Progression Scheme / Modified Career
Progression Scheme."
3. It is the case of the petitioner that the petitioner
was appointed as Moharrir by the Executive Engineer,
Raghopur Division under the Water Resources Department in
the year 1970 in the regular establishment and he continued to
work on that post. Not having received any financial
progression during his service period except for the first time
bound promotion with effect from 1.1.1981, the petitioner
superannuated from service on 31.1.2009.
4. Learned counsel for the petitioner submits that
by order dated 20.8.2014, the petitioner was given first,
second and third financial progression under the modified
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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ACP Scheme with effect from 9.8.1999, 9.8.1999 and
1.1.2009
respectively by the office order issued under the
signature of the Chief Engineer, Water Resources Department,
Bhagalpur, however by a corrigendum issued on 18.11.2014
under the signature of the Chief Engineer, the benefit granted
by order dated 20.8.2014 was withdrawn only on the ground
that the petitioner had not passed the Accounts examination.
5. Learned counsel for the petitioner submits that
the matter in issue with respect to grant of ACP benefits of
persons not having passed the departmental Accounts
examination is covered by the case of Kamlanand Thakur
vs. the State of Bihar & Ors.; 2025 (2) PLJR 623 (FB).
6. In response, though the prayer made in the writ
application is opposed by learned counsel appearing for the
State of Bihar on the basis of the contents of the counter
affidavit filed, however it is fairly submitted that the counter
affidavit was filed in February, 2019 while the Full Bench
judgment relied upon by learned counsel for the petitioner has
come in the year 2024.
7. Heard learned counsel for the parties and
perused the material on record.
8. The issue as to whether the relevant provision
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
under the Bihar Board's Miscellaneous Rules, 1958 requiring
passing of the departmental Accounts examination for
promotion is applicable in case of grant of ACP benefits under
the ACP Rules, 2003 came for consideration by a Full Bench
of this Court in the case of Kamlanand Thakur (supra)
wherein this Court decided as follows :
"48. Thus, the questions stand answered as
follows :-
(A) Rule 157(3)[J] of the Bihar Board's
Miscellaneous Rules, 1958, requiring passing of
Departmental Accounts Examination for
promotion, is not applicable in case of grant of
A.C.P. benefits under the A.C.P. Rules, 2003;
(B) Rule 157(3)[J] of the Bihar Board's
Miscellaneous Rules, 1958 is confined to passing
of preliminary examination/final examination in
Accounts only for the purposes of confirmation,
crossing the efficiency bar and promotion to
Selection Grade only and not for regular
promotion;
(C) Rule 4(5) of the A.C.P. Rules, 2003 even
though provides that the prescribed requirements
and mode of sanction of financial progression
under the scheme (A.C.P. Scheme) shall be the
same which are prescribed under the
Recruitment/Service Rules for regular promotion
against vacancies and if the Rules/Resolutions
prescribe passing of Departmental Examination
or any qualification for promotion, that shall also
be an essential condition for sanction of benefit
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
under the scheme will not affect the claim for
grant of A.C.P. after completion of twelve/twenty
four years of service for the reason that such
financial progression under the A.C.P. Scheme is
only in situ promotion and nothing more. This is
even notwithstanding any such requirement of
passing any Departmental Examination or
acquiring any educational qualification for
promotion under the Service/ Recruitment/
Promotion Rules."
9. In view of the above, this Court having held in
the case of Kamlanand Thakur (supra) that passing of the
departmental Accounts examination for promotion is not
applicable in case of grant of ACP benefits under the ACP
Rules, 2003, in the opinion of the Court, the case of the
petitioner is fully covered by the said judgment.
10. In view of the facts and circumstances of the
case, in the opinion of the Court, the petitioner has made out a
case for grant of relief.
11. The order rejecting the grant of benefit of
ACP/modified ACP Scheme to the petitioner contained in
memo no.3527 dated 18.11.2014 issued under the signature of
the Chief Engineer, Water Resources Department, Bhagalpur
so far as it relates to the petitioner is set aside.
12. The consequential benefits shall be paid by
the Executive Engineer, Irrigation Division no.1, Laxmipur,
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
Jamui (respondent no.6) within a within a period of 3 months
from the date of receipt/ production of a copy of this order.
13. The writ application stands allowed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 08.01.2026
Transmission Date
