Mohit Kumar Shah, J. – The present writ petition has been filed seeking the following relief: –

“1. This petition is being filed for the issuance of writ in the nature of mandamus for direction to grant of benefit of Sunishit Virt Unnayan Yogyna [Hereafter referred as A.C.P.] and Rupantar Sunishit Vrit Unnayan Yogyna [Hereafter referred as M.A.C.P.] to the petitioner, which is pending before the government of Bihar from years.”

2. At the outset, the learned counsel for the petitioner submits by referring to the counter affidavit filed in the present case that the case of the petitioner for grant of the benefits of ACP/MACP scheme is not being considered, inasmuch as the petitioner has not qualified paper I and II of the Departmental Accounts Examination as well as has not cleared computer proficiency test.

3. The learned counsel for the petitioner has relied upon a judgment dated 08.01.2024, rendered by this Court in the case of Radha Krishna Prasad vs. the State of Bihar & Ors (CWJC No.11522 of 2023), to submit that non-passing of the departmental exam cannot be an impediment to grant of the benefits of the ACP/MACP scheme.

4. Per contra, though the learned counsel for the respondent-State has though opposed the present writ petition, however, he has not been able to controvert the law laid down by this Court in the case of Radha Krishna Prasad (supra).

5. I have heard the learned counsel for the parties and perused the materials on record.

6. This Court finds that the law regarding the issue under consideration in the present writ petition is no longer res integra, inasmuch as a learned Division Bench of this Court in the case of the State of Bihar & Ors. vs. Ram Subhag Singh (LPA No. 4 of 2021), reported in 2022 (2) PLJR 773 [: 2023 (6) BLJ 583], by a judgment dated 11.5.2022, has held that non-passing of departmental examination shall not be an impediment to grant of the benefits of time bound promotions / ACP /MACP. In fact, this aspect of the matter has also been decided by a judgment, rendered by this Hon’ble Court in the case of State of Bihar & Ors. vs. Anjani Kumar, reported in 2013 (2) PLJR 643, which has also been upheld by the Hon’ble Apex Court, by an order dated 10.3.2014, passed in SLP (C) No. 19182 of 2013. In this regard, reference be also had to a judgment rendered by the learned Division Bench of this Court in the case of State of Bihar & Ors. vs. Smt. Jivachi Devi, reported in 2020 (2) BLJ 471, which has also been upheld by the Hon’ble Apex Court, in view of the dismissal of the Special Leave Petition filed by the respondent- State. It would be equally gainful to refer to a judgment rendered by the learned Division Bench of this Court in the case of The State of Bihar & Ors. vs. Shri Krishna Singh & Anr. (L.P.A. No. 372 of 2019) [: 2022 (4) BLJ 341]. In a recent judgement, rendered by the Hon’ble Apex Court in the case of Amresh Kumar Singh (supra), it has been held that extending the benefit of ACP, which is purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post, cannot be withheld for not possessing additional educational qualification, hence for the purposes of granting benefits of ACP/MACP, passing of any exam is not necessary.

7. Thus, there is no iota of doubt that the petitioner has to be granted the benefits of the Assured Career Progression scheme as also that of MACP scheme, de hors the fact that the petitioner has not passed the Departmental Accounts Examination or for that matter has not cleared the computer proficiency test, in case he has not been promoted, in order to deal with the problem of stagnation.

8. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Secretary, the Scheduled Castes and the Scheduled Tribes Welfare Department, Government of Bihar, Patna to consider the case of the petitioner for grant of the benefits of ACP/MACP scheme with effect from the due date, without being