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Patna High Court

Sanjula DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The requirement of passing the Hindi Noting and Drafting examination is not essential for granting ACP/MACP, and the widow is entitled to those benefits.

Summary

The widow of the late Udaykant Jha, an Accounts Clerk in the Water Resources Department of Bihar who died on duty on 5 May 2004, filed a writ petition seeking the grant of Additional Compensatory Pension (ACP), Modified ACP (MACP), increments and revision of her family pension. The State denied the benefits on the ground that the deceased had not been confirmed in service and had not passed the Hindi Noting and Drafting examination. The petitioner argued that the requirement of passing such examinations had been waived for employees over the age of 50, as held by the Full Bench in Kamlanand Thakur v. State of Bihar. The Court examined the precedent and held that the examination requirement is not essential for ACP/MACP grants. Consequently, the Court directed the Executive Engineer to process the ACP/MACP benefits and revise the family pension within six weeks, and disposed of the petition.

Issues considered

  • Whether the deceased employee is entitled to ACP/MACP benefits despite not having passed the Hindi Noting and Drafting examination.
  • Whether the requirement of passing departmental examinations can be waived for employees over the age of 50 in the context of ACP/MACP.

Subjects

  • ACP
  • MACP
  • family pension
  • departmental examination waiver
  • full bench precedent
  • death in harness
  • mandamus
  • water resources department
  • Bihar
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11204 of 2025
                 ======================================================
                 Sanjula Devi Wife of Late Udaykant Jha, Resident of Village and P.O.-
                 Parariya, P.S.-Bihariganj, District-Madhepura, PIN-852101.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Irrigation Department,
                 Govt. of Bihar, Patna.
           2.    The Engineer in Chief, Flood Control, Water Resources Department, Bihar,
                 Patna.
           3.    The Chief Engineer, Flood Control, Water Resources Department, Birpur
                 (Supaul).
           4.    The Superintending Engineer, Flood Control, Water Resources Department,
                 Nirmali, Supaul.
           5.    The Executive Engineer, Flood Control and Water Management, Water
                 Resources Department, West Embankment Division, Nirmali, Supaul.
           6.    The Accountant General (A and E), Bihar, Patna.
           7.    The District Magistrate, Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Ajay Kumar Sinha, Advocate
                                               Ms. Anjali Kumari, Advocate
                 For the Respondent/s    :     Mr.Addl. Advocate General (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   03-04-2026                    Heard the parties.

                                 2. This writ petition has been filed for grant of

                   following relief :-

                                        “1. That this is an application for
                              issuance of an appropriate writ/writs, order/orders
                              in the nature of MANDAMUS, directing and
                              commanding the respondents concerned to
                              discharge the statutory obligation to compute and
                              make payment of due ACP & MACP, increment, etc.
                              of her late husband who was working as Accounts
                              Clerk in the office of Executive Engineer, West
Patna High Court CWJC No.11204 of 2025(3) dt.03-04-2026
                                            2/4




                    Embankment Division, Normali, Supaul and died in
                    harness on 05.05.2004 during election duty and
                    after fixation of the salary of the late husband of the
                    petitioner, accordingly the family pension of the
                    petitioner may be revised accordingly after proper
                    pay fixation of the husband of the petitioner.

                      3. Counsel for the petitioner submits that the husband

          of the petitioner died in harness on 05.05.2004 during election

          duty but has not been allowed benefit under ACP and MACP on

          the ground that the services of the petitioner was not confirmed

          and as also the petitioner had not passed the accounts

          examination during his life time.

                      4. On the other hand, counsel for the State by

          referring to the statement made in para 44 of the counter

          affidavit filed on behalf of the respondent No.1 to 5 submits that

          the petitioner has not been extended such benefit owing to his

          non-passing of Hindi Noting and drafting examination, while

          the petitioner has been allowed family pension from the date of

          his entitlement.

                      5. It is a very sorry state of affairs that a person

          having died during election duty and after his death when the

          petition has been filed by the widow-petitioner for grant of

          benefits of ACP, the State authorities being unmindful of the

          fact that the issues with regard to the requirement of passing of

          departmental enquiry has already been waived holding that such
Patna High Court CWJC No.11204 of 2025(3) dt.03-04-2026
                                            3/4




          requirement may not be made applicable in the case of

          personalized financial up-gradation and is considered personal

          promotion as it is not a regular, factual promotion, which does

          not involve a charge in functioning duties, designation or

          seniority rather a safety net to mitigate stagnation. Still the

          State Authorities, in referring the claim of such benefits, have

          taken frivolous plea of the deceased-employee having not

          passed Hindi, Noting and Drafting Examination and as also the

          Departmental examination while the requirement of passing

          such examination has already been waived even for regular

          promotion, once the employee attained age of 50 years and the

          petitioner as the time of death had already crossed the age of 50

          years. This Court further records that while taking such ground,

          the authorities has completely been obligious of the fact that the

          said issues has also been put at rest by the Hon’ble Full Bench

          in the case of Kamlanand Thakur vs. State of Bihar & Ors.

          (C.W.J.C. No. 18727 of 2017) and as such the grounds taken by

          the State for non-consideration is wholly misconceived and the

          claim of the widow petitioner for benefits under ACP/MACP is

          legally admissible and sustainable in the eye of law.

                      6. Considering the fact that the Full Bench has already

          adjudicated this issue and the requirement of passing of Hindi
            Patna High Court CWJC No.11204 of 2025(3) dt.03-04-2026
                                                        4/4




                      noting and drafting examination has not been made essential for

                      grant of ACP/ MACP. Accordingly, this Court directs Executive

                      Engineer to undertake the process for grant the benefit of

                      ACP/MACP to the deceased employee, who is said to have died

                      in harness on 05.05.2004 by considering his past services and

                      on finding the deceased employee to be entitled to such benefits,

                      necessary decision shall be taken within a period of six weeks

                      from the date of representation and if it is found that the

                      petitioner is entitled for such benefit, the same shall be extended

                      within the same time and appropriate order for revision of

                      family pension shall also be issued and sent to the office of

                      Accountant General for carrying out necessary formalities for

                      effecting appropriate revision in pension.

                                  7. With the aforesaid observation/direction, this writ

                      petition is disposed of.



                                                                      (Ajit Kumar, J)
sanjeev/-

U


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