Passing the departmental accounts examination is not a condition precedent for the grant of A.C.P./M.A.C.P. benefits.

JUDGMENT :

1. The present writ petition has been filed for directing the respondent-authorities to grant the benefits of A.C.P./ M.A.C.P. to the petitioner herein from the due date, after granting exemption from passing the departmental examination.

2. The learned counsel for the petitioner has submitted that the petitioner had joined the services of the respondent-State as Clerk-cum-Cashier in the Office of District Adult Education, Bhagalpur on 22.04.1985 and thereafter, he had been transferred from one place to another and lastly, he has retired while working on the post of Clerk-cum-Typist in the Office of Child Development Project, Ujiyarpur (Samastipur), on 31.03.2021 but he has not been given the benefits of A.C.P./M.A.C.P. It is submitted that according to the resolution of the Personnel and Administrative Reforms Department, Government of Bihar, Patna dated 15.05.1992, the Gazetted and Non-Gazetted employees of the State Government, who have attained the age of 50 years, are exempted from passing the departmental examination for the purposes of grant of the benefits of A.C.P./M.A.C.P.

3. The learned counsel appearing for the respondent-State has submitted that the issue in question is no longer res integra, insmuch as the same has already been adjudged by the learned Division Bench of this Court in a judgment rendered in the case of State of Bihar & Ors. vs. Smt. Jivachi Devi, reported in 2020(2) BLJ 471, paragraphs no. 5 to 9 whereof are reproduced hereinbelow:-

“5. On the other hand, learned counsel appearing for the respondent submits that the issue involved in the appeal is no more res integra as the same has already been decided by the Division Benches of this Court in the following decisions:—

(i). Bishwanath Prasad v. The State of Bihar, reported in (2011) 2 PLJR 136

(ii). Avinash Chandra Singh v. The State of Bihar, reported in (2012) 1 PLJR 663.

(iii). Uday Shankar Prasad v. The State of Bihar, reported in (2017) 3 PLJR 824.

(iv). Judgment dated 19.3.2018, passed in LPA No. 599/2015 (Ramadhar Thakur v. The State of Bihar)

6. Having heard learned counsel for the parties and on-going through the records, it appears that the facts are not in dispute between the parties. The only issue involved in the appeal is as to whether passing of departmental accounts examination would be necessary for grant of benefits of Assured Career Progression, provided under the Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules, 2003 read with Clause (J) of Sub-rule (3) of Rule 157 of the Bihar Boards Miscellaneous Rules, 1958. I am in agreement with the submissions advanced by learned counsel appearing on behalf of the respondent that the issue, in hand, is no more res integra as the same has already been decided by different Division Benches of this Court in a catena of similar cases, mentioned herein below:—

(i). State of Bihar v. Anjani Kumar, reported in (2013) 2 PLJR 643

(ii). Uday Shankar Prasad v. The State of Bihar, reported in (2017) 3 PLJR 824 and

(iii). Ramadhar Thakur v. State of Bihar, reported in LPA No. 599 of 2015.

7. Recently, a Division Bench of this Court in case of Ramadhar Thakur (supra), after extensive analysis and discussion of the provision of rule 157(3)(J) of the Bihar Boards Miscellaneous Rules 1958 and Rule 4 (clause 5) of the Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003, conclusively held after referring to various judgments, viz., Mithilesh Kumar Sinha v. The State of Bihar [(2006) 1 PLJR 282]; Syed Mozammil Ashraf v. The State of Bihar [(2007) 1 PLJR 438]; Shashi Shekhar Ambasta v. The State of Bihar [(2011) 3 PLJR 474]; Maheshwar Prasad Singh v. The State of Bihar [(2000) 4 PLJR 262]; Rameshwar Roy v. The State of Bihar [(2017) 2 PLJR 127]; Daya Shankar Singh v. The State of Bihar [(2010) 3 PLJR 220] and Md. Shamsuddin v. The State of Bihar [1983 PLJR 347] that Rule 157(3)(J) of the Bihar Boards Miscellaneous Rules 1958 makes the passi