The judgment establishes that eligibility for A.C.P. benefits under the Rules is contingent upon passing the Departmental Accounts Examination.

Re: I.A. No. 6033 of 2011

During the pendency of the writ petition Petitioner No. 11 Jitendra Nath Tiwary left for his heavenly abode on 15.11.2007 leaving behind his widow Gyanti Devi.

2. Let the name of Petitioner No. 11, Jitendra Nath Tiwary be expunged from the array of the petitioners and Gyanti Devi be substituted as Petitioner NO.11.

3. I.A. No. 6033 of 2011 is, accordingly, disposed of.

4. Learned counsel for the petitioners is permitted to correct the averment(s) made in paragraph 33 of the writ petition.

5. Heard learned counsel for the petitioners and the State.

6. Petitioners at the relevant time served as Clerk in the different offices under Respondent Chief Engineer, Water Resources Department, Balmiki Nagar. They have filed this writ petition for a direction to the State-respondents to consider their case for grant of A.C.P. in terms of the provisions contained in Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 (hereinafter referred to as the "Rules") notified by the Finance Department of the State Government under notification dated 25.6.2003.

7. By filing counter affidavit Executive Engineer, Tirhut Canal Division No.1, Bettiah, Respondent No. 10 has opposed the prayer stating that petitioners are not entitled for grant of A.C.P. benefits in the light of the Rules as they have not passed the Departmental Accounts Examination conducted by the Boara of Revenue. Reliance in this connection is placed on Clause (4) of the Rules which provide for eligibility and condition for grant of A.C.P. Sub-clause (1) of Clause (4) of the Rules provides that the basic criterion for grant of financial progression under the Rules is that the concerned Group B, C, D employee should stagnate for 12/24 years in the same/revised scale in which the' employee was appointed. Sub-clause (5) of Clause (4) of the Rules further provide that only such employee shall be entitled for grant of A.C.P. benefit who is otherwise qualified for regular promotion against a vacancy.

8. Counsel for the petitioners submits that petitioners being appointed as Clerk have served the employer in the same/revised scale in which they were appointed for 12/24 years and are thereby qualified for grant of A.C.P. as petitioners are stagnating in the same/revised scale in which they were initially appointed for 12/24 years. In this connection learned counsel for the petitioners brought to my notice Rules 156, 157(J) of the Bihar Board's Miscellaneous Rules, 1958 and submitted that any clerk who has not passed the final Accounts Examination will not be promoted to the selection grade. Learned counsel further submitted that grant of selection grade to the Group B, C, D employees of the State was abolished by the State Government with effect from 1.1.1996 under Resolution of the Government bearing no. 660 dated 8.2.1999 issued from the Finance Department. The grant of selection grade having been abolished with effect from 1.1.1996 there is no necessity for the Group B, C, D employees of the State to pass the Departmental Accounts Examination with effect from 1.1.1996 for earning promotion in the selection grade. Learned counsel for the petitioners further submitted that as there has been no corresponding correction in Clause (J) of Rule 157 of the Board's Miscellaneous Rules, 1958 after coming into force of the Rules there is no occasion for the State to rely over Clause (J) of Rule 157 for submitting that passing of the Departmental Accounts Examination by the Group S, C, D employee is necessary for earning A.C,P. benefits under the Rules. Learned counsel for the petitioners in this connection relied on the judgment of this Court in the case of Mithlesh Kumar Sinha VS. The State of Bihar and Ors., reported in 2006(1) PLJR 282 paragraph-6, wherein this Court having considered Circular Letter No. 2132/Sj,(2) dated 1.4.1980 held that neither Rules 156157 nor the said circular dated 1 .4.1980 require passing of Departmental Accou