The court clarified that departmental examination requirements do not apply to ACP benefits under the applicable rules.

ORAL JUDGMENT

Date : 01-12-2025

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs:-

“(i). For issuance of an appropriate writ\writs, order/orders, direction/direction in the nature of certiorari for quashing the order No.15/2024- 25 passed by District Magistrate, Kaimur Respondent No.2 vide Memo No. XIX-03-25/491/Stha dated 04.04.2025 whereby the respondent no.2 has rejected the claim of petitioner regarding grant of benefits or 2nd ACP\MACP to the petitioner from the date of his joining and respondent no.2 has also rejected the claim of petitioner regarding payment of Grade Pay of Rs. 4600/- to the petitioner.

(ii). For issuance of an appropriate writ writs, order orders, direction directions in the nature of mandamus directing the respondent no.2 to grant the benefit of ACP MACP to the petitioner from the date of his joining i.e. 05.07.1995 and not from the date of passing the Account Examination i.e. on 23.02.2014 incompliance of order passed by this Hon'ble court in CWJC No. 18727 of 2017( Kamlanand Thakur Vs. The State of Bihar and others) as well as in compliance of Memo No.4862 dated 29.04.2925 issued by Secretary (Expenditure), finance Department, Bihar, Patna and pay the pay scale accordingly to the petitioner.

(iii) For issuance of appropriate writ\ writs, order orders, direction\ directions in the nature of mandamus directing the respondent authorities to pay the arrear of salary, if any, become dues, due to non-

payment of proper pay scale to the petitioner. (iv) For grant of any relief(s) the petitioner would be found entitled to in the facts and circumstances of the case.”

3. The brief submission of learned counsel for the petitioner is that he has not been given the benefit of 2nd ACP/MACP on the ground of his having not passed the departmental accounts examination.

4. It is contended by learned counsel for the petitioner that the action of the respondents is in teeth of the Full Bench judgment of this Court in the case of Kamlanand Thakur Vs. The State of Bihar & Ors reported in 2025(2) PLJR 623 Relevant paragraph no. 48 of the judgment is reproduced hereinbelow for ready reference:-

“48. Thus, the questions stand answered as follows :-

(A.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules , 1958, requiring passing of Departmental Accounts Examination for promotion, is not applicable in case of grant of A.C.P. benefits under the A.C.P. Rules, 2003;

(B.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules , 1958 is confined to passing of preliminary examination/final examination in Accounts only for the purposes of confirmation, crossing the efficiency bar and promotion to Selection Grade only and not for regular promotion;

(C.) Rule 4(5) of the A.C.P. Rules, 2003 even though provides that the prescribed requirements and mode of sanction of financial progression under the scheme (A.C.P. scheme) shall be the same which are prescribed under the Recruitment/Service Rules for regular promotion against vacancies and if the Rules/Resolutions prescribe passing of Departmental Examination or any qualification for promotion, that shall also be an essential condition for sanction of benefit under the scheme will not affect the claim for grant of A.C.P. after completion of twelve/twenty four years of service for the reason that such financial progression under the A.C.P. scheme is only in situ promotion and nothing more. This is even notwithstanding any such requirement of passing any Departmental Examination or acquiring any educational qualif