Passing departmental examination not required for ACP/MACP benefits, as schemes grant financial upgradation to relieve stagnation without actual promotion or promotional qualifications.

JUDGMENT :

DEEPAK ROSHAN, J.

1.The instant writ application has been preferred by the original petitioner for the following reliefs:

“i) For quashing the office order dated 57 and memo no.II EC-15/2018- 1725 dated 13.05.2019 passed by the Principal Chief Conservator of Forest (Аттесши-5) whereby and whereunder the Ld. Chief Conservator of Forest without considering the facts and circumstances rejected the claim of the petitioner in respect of granting the 1^st ACP from 09.08.1999.

ii) For granting the 2^nd ACP to the petitioner as a scale of 6500-10500/- w.e.f. 17.12.2006 with interest.

iii) For granting the 1^st ACP to the petitioner w.e.f. 09.08.1999 instead of dated 01.01.2008, as the petitioner has already received the 1^st ACP as a scale of 4000-6000/- w.e.f. 01.01.2008.

iv) For directing the concern respondent to provide the MACP to the petitioner.

And/Or

v) For issuance of any other appropriate Writ(s)/order (s) / direction(s) as this Hon'ble Court may deem fit and proper under the facts and circumstances of this case.”

2. During pendency of the writ application the original petitioner died and his legal heirs have been substituted in his place.

3. Learned counsel for the petitioners submits that the grievance of the petitioners is that since the original petitioner is matriculate and due to non-passing of departmental examination the benefit of 1^st ACP has been delayed and the 2^nd ACP has been denied. Learned counsel further submits that the issue with regard to passing of departmental examination has now been set at rest and it has been held by the Hon’ble Apex Court that passing of departmental examination in situ promotion is not required as such the instant writ application may be allowed in the light of ratio decided in the case on “Amresh Kumar Sinha & Ors. v. State of Jharkhand”, 2023 SCC OnLine SC 496

4. Learned counsel for the respondents could not dispute the aforesaid fact that now it has been settled by the Hon’ble Apex Court that passing of departmental examination is not required for grant of ACP/MACP benefits.

5. Having heard learned counsel for the parties and after going through the documents available on record and also the averments made in the respective affidavits, it appears that the grievance of the original Petitioner is with regard to denial of 2^nd ACP benefit and delay in providing 1^st ACP benefit for the reason of non-passing of departmental examination; has been set at rest by Hon’ble Apex Court in the case of “Amresh Kumar Sinha” (Supra) wherein the Hon’ble Apex Court has dealt this issue in detail and came to the conclusion that ACP Scheme was imposed on the recommendation of 5^th C.P.C and its object has been reiterated in several judgments as one to relieve the frustration on account of stagnation and it has also been held that both ACP & MACP Schemes are devised with the object of ensuring that the employees who are unable to avail of adequate promotional opportunities, get some reliefs in the form of financial benefits. For brevity, paragraph nos. 9 to 19 of “Amresh Kumar Sinha” (Supra) are extracted hereinbelow:

“9. The Bihar Accounts Service Rules, 2000 as notified on 28th March, 2000 vide Rules 17 and 20 read with Schedule I thereof provides for recruitment by way of promotion. The aforesaid Rule 17, inter alia, provides that for promotion on the basis of grade of service, candidates must possess qualifications mentioned in Schedule I which, inter alia, provides that for promotion to Bihar Accounts Service, the minimum educational qualification shall be graduation.

10. At the same time Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003 vide sub-Rule (5)