Patna High Court
Sanjula DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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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/-
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