1. Heard learned Counsel for the petitioners and the learned Counsel for the State in both the writ applications.

2. The petitioners were appointed as Accounts Clerk in the Road Construction Department. There is no next promotional post within that cadre. Consequently, they have been granted the next higher pay scale in their own cadre of Rs. 5,000- 8,000/- as 1st Assured Career Progression (hereinafter referred to as ACP). The contention on their behalf is that the post of Accounts Officer under the Bihar Accounts Service Rules, 2000, is the next promotional post for them which forms a different cadre and against which 25% vacancies are reserved for promotion of Accounts Clerk, subject to their passing the limited competitive examination. Therefore, they are entitled to the basic pay scale of the post of Accounts Officer as a part of their 1st ACP.

3. Learned Counsel for the petitioner strenuously relied upon the amended notification to the ACP Scheme published on 28.1.2008 amending Rule 3(2) of the ACP Scheme, 2003. He submits that the amendment in no uncertain terms states that if there was a provision for promotion from one cadre to another, they are entitled to the ba