Eligibility for benefits under the ACP/MACP Scheme is conditional upon passing relevant departmental examinations, which is mandatory for promotion.

JUDGMENT :

Sujit Narayan Prasad, J.:

Prayer:

1. The intra-court appeal, under Clause 10 of the Letters Patent, is directed against order/judgment dated 30.07.2024 passed by learned Single Judge in W.P.(S) No. 6006 of 2023 whereby and whereunder the prayer for quashing office order dated 02.04.2022, in which it has been mentioned that monetary benefit under ACP Scheme shall be given to the petitioner after passing of the final Accounts Examination i.e., on 25.08.2010, the date when the petitioner has passed the final Accounts Examination and further prayer for direction upon the respondents to upgrade the pay-scale of the petitioner under the ACP Scheme in pursuance to Circular dated 14.08.2002, has been refused to be interfered with by dismissing the writ petition.

Brief facts of the case:

2. Brief facts of the case, as per the pleadings made in the writ petition, which is required for adjudication of lis reads as under:

3. The petitioner has joined the services in forest department as Assistant on 01.12.1992 on compassionate ground in the pay-scale of Rs. 1200-1800 and retired from services on attaining the age of superannuation w.e.f. 31.01.2022 from the office of Divisional Forest Officer, West Division, Giridih. At the time of joining of services, he was having the degree of Intermediate (Arts).

4. While serving as such, the appellant passed the noting and drafting examination on 20.11.1994 and also passed the departmental accounts examination in part on 29.01.1996 and passed finally the accounts examination in first paper on 25.08.2010.

5. It is stated that the petitioner during the entire service period was not granted any regular promotion, as such he was granted up-gradation in the pay-scale by virtue of circular dated 14.08.2002 w.e.f. 25.08.2010 but it is the case of the petitioner that since the petitioner has completed 12 years of required service for grant of ACP/MACP on 01.12.2004, as such he was entitled to get the benefit of ACP w.e.f. 01.12.2004 in place of 25.08.2010 since the appellant has passed the departmental preliminary examination on 29.01.1996. But the screening committee vide office order dated 02.04.2022, held that monetary benefit under ACP Scheme shall be given to the appellant after passing of the final Accounts Examination i.e., on 25.08.2010.

6. It has further been stated that even the second MACP, which was to be granted w.e.f. 01.12.2012 has been granted w.e.f. 25.08.2018 after delay of more than five years.

7. Aggrieved thereof, the appellant submitted series of representation before the authority concerned but it did not evoke any response, hence, the petitioner approached this Court by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievance.

8. Learned counsel for the petitioner-appellant has taken the ground before the writ court that as per the scheme of ACP/MACP, it is evident that the person who is not granted regular promotion is entitled for ACP/MACP, which is actually financial up-gradation and even the similarly situated persons who have also passed the final departmental examination after much delay, as the app