The passing of accounts examination cannot be made a ground to deprive the petitioners of ACP/MACP benefits, as per the settled legal position and recent Division Bench decisions.

JUDGMENT :

MADHURESH PRASAD, J.

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

2. Hard copy of the counter affidavit has been placed on record. Copy of which has already been served on the petitioners’ counsel.

3. Interlocutory Application No. 1 of 2020 has been filed for substituting the name of the son of the petitioner No. 2 in the instant proceedings on account of unfortunate demise of petitioner No. 2 during pendency of the instant proceedings. Without objection, that substitution application is allowed.

4. Let the name of the petitioner of I.A. No. 1 of 2020 be substituted in place of the petitioner No. 2 in the cause title as per details contained in the Interlocutory Application.

5. The claim of the petitioners for grant of benefits under the ACP and MACP Scheme has been rejected by the Authorities. The rejection order is dated 30-08-2019.

6. Learned counsel for the petitioners submits that due to non-passing of the accounts examination, the authorities rejected the petitioners’ claim to benefits under the ACP/ MACP Scheme. He submits that non-passing of the accounts examination cannot be made a ground to deprive the petitioners of the said benefits since the repeated decisions of this Court make it clear that there is no requirement of passing of such examination for being considered or for being granted benefits under the ACP/MACP Scheme.

7. The Respondent State counsel, relying upon the Rule 157(J) of the Boards Miscellaneous Rules, has made some submission opposing the prayer. However, he is not in a position to dispute that the issue now stands settled in view of the recent decision of the Division Bench in the case of the State of Bihar and Others vs. Sri Ram Subhag Singh arising out of LPA No. 4 of 2021. The Division Bench, after taking into consideration the earlier pronouncements, in this regard, including the decision in the case of State of Bihar and Others vs. Smt. Jivachi Devi, 2020 (2) BLJ 471 which had unsuccessfully been assailed by the State Government before the Hon’ble Apex Court, has held that for non-passing of the accounts examination; consideration, or grant of ACP/MACP cannot be refused. The relevant extract of decision in the case of Sri Ram Subhag Singh (Supra) is being reproduced:

“We have heard the learned senior counsel for the appellant and find that much water has flown since the passing of the aforesaid order dated 07.03.2013 in the case of Anjani Kumar (supra) by the learned Division Bench inasmuch the issue under consideration in the present appeal is no longer res integra since the view taken by the learned Single Judge in the impugned judgment stands fortified by catena of judgments rendered by this Court as also by the Hon’ble Apex Court, as would be apparent from the judgment rendered by learned Division Bench of this Court in the case of State of Bihar and Others vs. Smt. Jivachi Devi, 2020 (2) BLJ 471, paragraphs No. 5 to 9 whereof are reproduced herein-below:

“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 vs. State of Bihar, (2011) 2 PLJR 136

(ii) Avinash Chandra Singh vs. State of Bihar, (2012) 1 PLJR 663

(iii) Uday Shankar Prasad vs. State of Bihar, (2017) 3 PLJR 824

(iv) Ramadhar Thakur vs. State of Bihar, LPA No. 599/2015, dated 19.3.2018

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,