IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24304 of 2018 ======================================================

Ram Babu Chaudhary S/o Late Ram Udgar Chaudhary Resident of Village Fateha, P.S. Bachhabara, District- Begusarai ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, water Resources Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Water Resources Department, Govt. of Bihar, patna

3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna

4. The Chief Engineer, Water Resources Department, Bhagalpur

5. The Superintending Engineer, Water Resources Department, Kharagpur, Jamui.

6. The Executive Engineer, Irrigation Division No. 1, Laxmipur, Jamui.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

Date : 07-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s) :

“a) For quashing the corrigendum issued under memo no. 3527 dated 18/11/2014 under the signature of the Chief Engineer, Water Resources Department, Bhagalpur (Annexure 2) amending his office order issued under memo no. 2548 dated 20/8/2014 (Annexure 1) in so far as the case of the petitioner is concerned and thereby denying grant of benefit of Assured Career Progression Scheme / Modified Assure Career Progression Scheme to the petitioner.

b) For restoring the benefit of Assured Career Progression Scheme /Modified Career Progression Scheme to the petitioner as granted to him by the office order of the Chief Engineer, Water Resources Department, Bhagalpur issued under memo no. 2548 dated 20/8/2014 (Annexure

1) with all consequential benefits.

c) For a direction to the respondents to pay interest to the petitioner over the sum illegally withheld by the respondents by denying the petitioner the benefit of Assured Career Progression Scheme / Modified Career Progression Scheme.”

3. It is the case of the petitioner that the petitioner was appointed as Moharrir by the Executive Engineer, Raghopur Division under the Water Resources Department in the year 1970 in the regular establishment and he continued to work on that post. Not having received any financial progression during his service period except for the first time bound promotion with effect from 1.1.1981, the petitioner superannuated from service on 31.1.2009.

4. Learned counsel for the petitioner submits that by order dated 20.8.2014, the petitioner was given first, second and third financial progression under the modified ACP Scheme with effect from 9.8.1999, 9.8.1999 and 1.1.2009 respectively by the office order issued under the signature of the Chief Engineer, Water Resources Department, Bhagalpur, however by a corrigendum issued on 18.11.2014 under the signature of the Chief Engineer, the benefit granted by order dated 20.8.2014 was withdrawn only on the ground that the petitioner had not passed the Accounts examination.

5. Learned counsel for the petitioner submits that the matter in issue with respect to grant of ACP benefits of persons not having passed the departmental Accounts examination is covered by the case of Kamlanand Thakur vs. the State of Bihar & Ors.; 2025 (2) PLJR 623 (FB)

6. In response, though the prayer made in the writ application is opposed by learned counsel appearing for the State of Bihar on the basis of the contents of the counter affidavit filed, however it is fairly submitted that the counter affidavit was filed in February, 2019 while the Full Bench judgment relied upon by learned counsel for the petitioner has come in the year 2024.

7. Heard learned counsel for the parties and perused the material on record.

8. The issue as to whether the releva