Patna High Court
Raghubansh Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court set aside the impugned orders and directed that the third ACP benefit be granted to the petitioners, counting their service from the initial Steno‑Typist appointment.
Summary
The petitioners, originally appointed as Steno‑Typists and later promoted to Personal Assistants after passing a departmental exam, challenged two government orders that calculated their Assured Career Progression (ACP) benefits from the date of their promotion rather than from their initial appointment. The High Court noted that an earlier judgment (CWJC No.13543 of 2007, order dated 30‑June‑2011) had directed the authorities to consider the service rendered as Steno‑Typist for granting the first ACP benefit, and that this order had attained finality. The petitioners argued that the same principle should apply to the third ACP benefit under the Modified ACP (MACP) Scheme, which they were denied. The Court held that the impugned orders were arbitrary, violated the earlier directive and the principle of equality before law, and therefore set them aside. It directed the respondents to grant the third ACP benefit counting the petitioners' service from their initial Steno‑Typist appointment and to pay the consequential benefits within four months.
Issues considered
- Whether the Letter No.2234 dated 11‑Feb‑2016 and Memo No.10187 dated 25‑July‑2016, which calculated ACP benefits from the date of appointment as Personal Assistant, are contrary to the earlier court order and the MACP Scheme provisions.
- Whether the service period as Steno‑Typist must be counted for the third ACP benefit under the MACP Scheme.
- Whether the respondents' orders are arbitrary and violative of the constitutional principle of equality before law.
- Whether the earlier order dated 30‑June‑2011 is binding and cannot be set aside.
Subjects
- Assured Career Progression
- Modified Assured Career Progression Scheme
- service tenure calculation
- equality before law
- certiorari
- mandamus
- civil service promotion
- cadre merger
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1186 of 2017
======================================================
1. Raghubansh Singh S/o Late Saryu Prasad Singh, Resident of Mohalla-New
Yarpur, Police Station-Gardanibag, Post Office-G.P.O., District-Patna, and
Retired as the Private Secretary, Agriculture Department, Bihar, Patna.
2. Subhash Chandra Das, S/o Late Upendra Narayan Das, Resident of Mohalla-
403 Ram Vallav Kunj Appartment, CDA Colony North Shashtri Nagar Post
Office-Police Station-Shastri Nagar,District-patna-800023, and Retired as
the Private Secretary, Animal and Fisheries Resource Department, Bihar,
Patna
3. Sunil Kumar Srivastava, S/o Late Jagdish Prasad Srivastava, Resident of
Mohalla-New Yarpur, NY-36, Jhunjhun Mahal Road, Police Station-
Gardanibag, Post Office- G.P.O., District-Patna Presently Posted as Principal
Private Secretary, Home Special Department, Bihar, Patna
4. Dinesh Kumar Singh, S/o Late Ram Lakhan Singh Resident of Mohalla-
Rama Lane, Shivpuri, P.O.-P.S.-Shastri Nagar, Dist.-Patna, and Retired as
the Private Secretary, Minor Water Resources Department, Bihar, Patna
5. Anand Mohan Pandey, S/o Late Banshidhar Pandey, Resident of Mohalla-
Anand Vihar, Post Office- Anishabad, Police Station-Gardanibagh, District-
Patna, Presently Posted as Principal Private Secretary, Environment and
Forest Department, Bihar, Patna
6.1. Kamlawati Devi Wife of Late Om Prakash Thakur Resident of Mohalla
Anaith, Ward No. 43, Police Station Nawada, District Arrah, Bhojpur.
7. Binay Kumar Lal, S/o Late Ramdev Lal, Resident of Mohalla-Sai
Residency, Flat No.-202, Road No.-4, Mitramandal Colony, Post Office-
Anishabad, Police Station-Gardanibag, Patna, and Retired as the Private
Secretary, Sugar Cane, Industry Department, Bihar, Patna
8. Rajballabh Prasad, S/o Late Puna Mahato, Resident of Mohalla/Village-
Dhelva, Post Office-Dhelva, Police Station-Ram Krishna Nagar, District-
Patna, and Retired as the Private Secretary, C.M. Secretariat, Bihar, Patna
9. Pyare Prasad, S/o Late Ramu Mahato, Resident of New Alkapuri, Road No.-
5, House No.-3, Post Office-Anishabad, Police Station-Gardanibag, District-
Patna, and Retired as the Private Secretary, Road Construction Department,
Bihar, Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Personnel and Administrative
Reforms, Government of Bihar, Main Secretariat, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar, Main
Secretariat, Bihar, Patna.
... ... Respondent/s
======================================================
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Appearance :
For the Petitioner/s : Mr. Rupak Kumar, Advocate
Mr. Vikrant Kumar, Advocate
For the Respondent/s : Dr. Anand Kumar, AC to AAG- 3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 09-02-2026
Heard learned counsel for the parties.
2. The petitioners have filed the instant application
for the following reliefs:
“i. For issuance of an
appropriate Writ/Writs, direction/
directions in the nature of Certiorari
or Writs, Order or Orders for
quashing the Letter No.-2234 dated
11.02.2016 as well as consequential
Order as contained in Memo No.-
10187 dated 25.07.2016 to the extent
by which in place of the initial date of
appointment in the Clerical cadre, the
date of joining on the post of Personal
Assistant has been taken into
consideration for the purposes of
granting benefits of Third A.C.P.,
under the Modified Assured Career
Progression Scheme (Hereinafter,
called as MACP), contrary to the
provisions of the Scheme and the
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decision of the Department of finance
and in consequent thereto, further be
pleased to direct the authorities to
consider the promotion under the
scheme, the Petitioners complete their
30 years of service from the date of
initial appointment, strictly in terms of
the decision taken by the Finance
Department.
ii. For issuance of an
appropriate Writ/Writs, direction/
directions in the nature of Mandamus
or Writs, order or orders for holding
an impartial enquiry against the
erring officer for passing such order
which is detrimental to the interest of
the petitioners and also being
violative of Principles of equality
before law, in as much as, the
impugned action is wholly arbitrary
and unreasonable and in derogation
of the Constitutional mandate.
iii. For further kind
indulgence of this Hon'ble court to
look into the matter and the concerned
respondents may be directed to
produce all connected records for
perusal for passing an appropriate
order.
iv. For any other
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relief/reliefs which the Hon'ble court
may grant in general interest checking
these kinds of harassment to the
government officials that may be
deemed appropriate and necessary in
this case.”
3. It is the case of the petitioners that having been
appointed as Steno-Typist, subsequently the petitioners having
passed the limited departmental examination conducted by the
BPSC, they entered the cadre of Personal Assistants.
4. It is submitted that those persons who could not
clear the limited departmental examination, they also later
entered the cadre of Personal Assistant when the post of Steno-
Typist was upgraded and merged in the cadre of Personal
Assistant.
5. The benefit under the ACP Scheme, 2003 which
was affected from 9.8.1999 was given to those persons who had
entered the cadre of Personal Assistants through merger with
effect from their initial date of appointment as Steno-Typist.
However, persons like the petitioners who had cleared the
limited departmental examination conducted by the BPSC and
entered the cadre of the Personal Assistant, the benefit was
given to them counting from the date of their appointment as
Personal Assistant and not their initial date of appointment as a
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Steno-Typist. This led to the petitioners filing CWJC no. 13543
of 2007 which was allowed by this Court by its order dated
30.6.2011 (Annexure-3).
6. Relevant portion of the order dated 30.6.2011 is
reproduced herein below for ready reference:
“2. Petitioners were
appointed as Personal Assistant
under office order bearing no. 6
dated 10.01.1986, Annexure-5 to
the writ petition after they
appeared and became
successful in the limited
departmental examination
conducted by the B.P.S.C. Later
their case was considered for
grant of Assured Career
Progression benefit under Bihar
State Employees Condition of
Service (Assured Career
Progression Scheme) Rules, 2003
under office order bearing no. 311
dated 09.08.2007, Annexure-9 but
they were allowed only second
Assured Career progression
benefit on completion of 24 years
of service taking into account their
date of appointment as Steno-
Typist. Perusal of the said order,
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however, indicates that thereunder
Personal Assistants who could
not succeed in the limited
departmental examination and
were allowed to enter the cadre of
the Personal Assistant through
merger have been granted two
A.C.P. benefits taking into account
service rendered by them on the
post of Steno-Typist. Aforesaid
order was stayed by the State
Government under order bearing
No. 10659 dated 25.10.2007,
Annexure-A to the counter
affidavit. Under order bearing no.
10418 dated 19.10.2010,
Annexure-14 stay of order no. 311
dated 09.08.2007, Annexure-9 has
been vacated. It is submitted on
behalf of the petitioner that
aforesaid order dated 09.08.2007
suffers from the vice of
arbitrariness as while granting
A.C.P. benefits to the Personal
Assistants who entered the cadre
through merger both the benefits
have been allowed taking into
account the service rendered as
Steno-Typist but in the case of the
petitioners who have entered the
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cadre of the Personal Assistant
through limited departmental
examination conducted by
the B.P.S.C. the period rendered
as Steno-Typist has not been taken
into account and petitioners have
been allowed only one A.C.P.
benefit.”
7. This Court by its order dated 30.6.2011 directed
the competent authority to consider the case of the petitioner for
grant of first ACP taking into account the service rendered by
the petitioners as Steno-Typist/Stenographer prior to their
appointment in the cadre of Personal Assistant.
8. Pursuant to the direction of this Court, the
respondents came out with an order contained in memorandum
dated 5.11.2012 (Annexure-4) giving the benefit of second ACP
to the petitioners from the date of their initial appointment and
counting the period that the petitioners had rendered their
service as Steno-Typist.
9. It is submitted by learned counsel for the
petitioner in reference to the impugned order dated 11.2.2006
(Annexure-6) that with the coming of the MACP scheme in the
year 2010 with effect from 1.1.2009, once again the respondents
are not giving them the benefit of the third ACP to be given
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under the said scheme on completion of thirty years of service
counting the service rendered by the petitioners as Steno-Typist
and are counting the period from their date of appointment as
Personal Assistant.
10. Learned counsel submits that the order dated
30.6.2011 (Annexed-3) having not only attained finality but
having been complied with by the respondents, in
implementation of the MACP Scheme, the respondents cannot
revert back from their accepted stand.
11. The application was opposed by learned counsel
appearing for the respondents. Referring to the counter affidavit
filed on behalf of the respondent no. 2, learned counsel
submitted that the stand of the petitioner for grant of the 3rd ACP
under the MACP Scheme is contrary to the provisions of the
scheme and norms as laid down by the Finance Department in
its resolution dated 7566 dated 14.7.2010 communicated to the
petitioners by letter dated 11.2.2016. The period of 10, 20 and
30 years under the MACP Scheme is to be calculated from the
date of regular appointment of the petitioners. As such, it is
submitted that the order rejecting the petitioners’ request for
grant of the 3rd ACP from the date of initial date of appointment
in the clerical cadre has no merit and as such the writ
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application be dismissed.
12. Heard learned counsel for the parties and
perused the material on record.
13. The relevant facts in brief are that the petitioner
who was appointed initially as a Steno-Typist, having passed the
limited departmental examination conducted by the BPSC
entered the cadre of the Personal Assistants.
14. It may be noted here that even those persons
who could not enter the cadre of Personal Assistants, unlike the
petitioners herein, subsequently as a result of merger of the post
of Steno-Typist in the cadre of Personal Assistant, entered the
cadre.
15. It is the case of the petitioner that those Steno-
Typists who entered the cadre of Personal Assistant as a result of
merger, the benefit under the ACP Scheme was granted to them
counting their date of appointment from the initial date they
were appointed as Steno-Typist. However, so far as persons like
the petitioners are concerned, for the same benefit under the
ACP Scheme, so far as they are concerned, their service was
being counted by the respondents from the date of their entering
the cadre of Personal Assistant after having passed the
departmental examination conducted by the BPSC. The period
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that they worked as a Steno-Typist was not being counted. This
led to the petitioners moving this Court in C.W.J.C. no. 13543
of 2007 which came to be allowed by order dated 30.6.2011,
relevant portion of which is reproduced hereinbelow for ready
reference:
“3. Having heard counsel
for the parties, I deem it appropriate
to direct the competent authority of
the State Government to consider the
case of the petitioners for grant of 1 st
A.C.P. taking into account the service
rendered as Steno-Typist/
Stenographer prior to their
appointment in the cadre of Personal
Assistant as has been done in the case
of those Personal Assistants who have
entered the cadre of Personal
Assistant through merger. Necessary
consideration in this regard be made
by the competent authority, as early as
possible, in any case within a period
of three months from the date of
receipt/production of a copy of this
order.”
16. It has not been contended by learned counsel
for the respondents that any appeal was preferred against the
order dated 30.6.2011 passed in C.W.J.C. no. 13543 of 2007.
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17. For the purpose of grant of benefit under the
ACP Scheme, this Court vide above referred order dated
30.6.2011 having given a categorical direction to the
respondents to consider the case of the petitioners taking into
account the service rendered as Steno-Typist/Stenographer prior
to their appointment in the cadre of Personal Assistant and the
said order having attained finality, in the opinion of the Court,
the petitioners herein, in consideration of the case under the
MACP Scheme for grant of benefit of the 3rd ACP which is to be
given on completion of 30 years, cannot be deprived of the
above benefits.
18. In view of the facts and circumstances stated
hereinabove, the order contained in Letter no. 2234 dated
11.2.2016 passed by the Under Secretary, General
Administration Department, Bihar as well as the consequential
order contained in Memo no. 10187 dated 25.7.2016 passed by
the Under Secretary, General Administration Department, Bihar
are both set aside.
19. The respondents are directed to take into
consideration the case of the petitioners for grant of the benefit
of 3rd ACP under the MACP Scheme taking into account the
service rendered by the petitioners as Steno-Typist.
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20. The consequential benefits, as a result of the
above, shall be paid to the petitioners by the Principal Secretary,
General Administration Department, Government of Bihar/
respondent concerned within a period of four months from the
date of receipt/production of a copy of this order.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.2.2026
Transmission Date NA
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