Patna High Court

Jagdambi RajakversusThe State Of Bihar and Ors

Decided: 23 March 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The requirement of passing the departmental examination under Rule 157 is not applicable to ACP benefits, and the order rejecting the petitioner's claim on that ground is set aside.

Summary

The widows of the deceased petitioner filed a writ petition challenging the District Magistrate's order rejecting the claim for Assured Career Progression (ACP) benefits on the ground that the petitioner had not passed the departmental Accounts examination as required by Rule 157 of the Bihar Board Miscellaneous Rules, 1958. The petitioner had been appointed as an Accounts Clerk in 1981, became eligible for time‑bound promotion in 1991, and later for ACP benefits under the ACP Rules, 2003, but was denied both the first and second ACP benefits. The Court examined a Full Bench judgment (Kamlanand Thakur v. State of Bihar, C.W.J.C. No.18727 of 2017, dated 28‑06‑2024) which held that Rule 157 does not apply to ACP benefits and that Rule 4(5) of the ACP Rules governs the scheme. Relying on that precedent, the Court found the DM’s order illegal, set it aside, and directed the authorities to grant the ACP benefits to the legal heirs with interest for any delay. The writ petition was allowed.

Issues considered

Whether the requirement of passing the departmental Accounts examination under Rule 157 of the Bihar Board Miscellaneous Rules, 1958 is applicable for granting Assured Career Progression benefits under the ACP Rules, 2003.

Subjects

Assured Career Progression
Departmental Examination
Promotion
Bihar Service Rules
Civil Writ Jurisdiction
Rule Interpretation
Interest on Delayed Payment

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17942 of 2013
======================================================
1.1. Sarswati Devi Widow of Late Jagdambi Rajak, Resident of Village - Khawa
Chandra, Tola, P.O. Kiranpur, P.S. Medanichauki, Suraj Garha, Lakhisarai,
Bihar - 811106.
1.2. Subhash Chandra Son of Late Jagdambi Rajak, Resident of Village - Khawa
Chandra, Tola, P.O. Kiranpur, P.S. Medanichauki, Suraj Garha, Lakhisarai,
Bihar - 811106.
1.3. Bibhash Chandra Son of Late Jagdambi Rajak, Resident of Village - Khawa
Chandra, Tola, P.O. Kiranpur, P.S. Medanichauki, Suraj Garha, Lakhisarai,
Bihar - 811106.
1.4. Prabhash Chandra Son of Late Jagdambi Rajak, Resident of Village - Khawa
Chandra, Tola, P.O. Kiranpur, P.S. Medanichauki, Suraj Garha, Lakhisarai,
Bihar - 811106.

... ... Petitioner/s
Versus
1. The State of Bihar, Department of Social Security Directorate, Government
of Bihar, Patna
2. The Director, Department of Social Security Directorate, Government of
Bihar, Patna
3. The District Magistrate, Lakhisarai
4. The Block Development Officer, Barahiya

... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Shailendra Kumar Singh, Advocate
For the State : Mr. Sanjay Prasad, A.C. to A.A.G.4
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER

8 23-03-2026 Heard the parties.

2. The present writ petition has been filed for the

following reliefs:

“I. For quashing the order dated 30.1.2013 and

31.1.2013 passed by the District Magistrate, Lakhisarai by which

claim for benefits of assured carrier promotion (here after referred

as ACP) to the petitioner has been rejected.
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II For holding that the petitioner is entitled for the final

and consequential benefit of ACP from the day when benefit

acrued.”

3. The brief facts, giving rise to the present writ petition,

are that the writ petitioner was appointed as an Accounts Clerk on

14.08.1981 in the pay scale of Rs.4000-6000/- and, accordingly,

gave his joining in the office of the District Magistrate, Munger

under the Department of Social Security. The deceased petitioner

passed first half yearly departmental examination of Accounts in

2006, which was conducted on 24.11.2006, and the result thereof

was declared on 02.08.2007. He completed 10 years of service on

14.08.1991 and thereafter he became entitled for first time bound

promotion, but the same was not granted to him.

4. The learned counsel for the petitioners submits that in

the year 1991, the time bound promotion scheme was abolished

and the State of Bihar came out with Assured Career Progression

Scheme (hereinafter called as ‘A.C.P.’). The deceased petitioner

also became entitled for grant of the A.C.P. benefits, but the

benefits of first A.C.P. was not granted to him, although he was

entitled for the same w.e.f. 14.08.1991. Even the benefits of

second A.C.P. was not granted to the deceased petitioner and he

superannuated from service on 31.07.2010. The learned counsel

for the petitioners further submits that during service period, in
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view of the circular of the State Government dated 25.04.2007, the

services of the deceased petitioner was merged from Accounts

Clerk Cadre to the Senior Grade Clerk Cadre, but even then no

consequential financial benefits were allowed to the deceased

petitioner. The deceased petitioner filed several representations

before the Collector-cum-District Magistrate, Lakhisarai and the

B.D.O., Barahiya for grant of his promotional benefit and the

A.C.P. benefits, but the same was not granted to him. Left with no

option, the deceased petitioner filed C.W.J.C. No.12398 of 2012

before this Court and the same was disposed of by a Coordinate

Bench of this Court vide order dated 30.08.2012, with a direction

to the concerned authorities to decide the representation of the

deceased petitioner, by a reasoned and speaking order within a

period of two months from the date of receipt/production of a

certified copy of the order. Pursuant thereto, the deceased

petitioner filed a detailed representation before the District

Magistrate, Lakhisarai on 08.09.2012. When no order was passed

on the representation filed by the deceased petitioner, he was

constrained to file contempt petition before this Court and during

pendency of the contempt petition, the District Magistrate brought

on record the order dated 30.01.2013, whereby the claim of the

deceased petitioner for grant of A.C.P. benefits was rejected on the

ground that the deceased petitioner has not cleared the
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departmental examination and in view of the circular of the State

Government, issued from time to time, he was not entitled for the

same. The contempt petition filed by the petitioner bearing M.J.C.

No.6711 of 2012 was disposed of vide order dated 02.05.2013,

with a liberty to the deceased petitioner to challenge the order

passed by the District Magistrate on 30.01.2013.

5. The learned counsel for the deceased petitioner

further submits that the only ground, on which the claim of the

deceased petitioner has been rejected by the District Magistrate, is

that he had not passed the accounts paper II upto final level, which

is mandatory as per Rule 157 of Board Miscellaneous Rules, 1958.

It is also submitted by learned counsel for the deceased petitioner

that the issue with regard to passing of the departmental exam is

no more res integra in view of Full Bench judgment of this Court

passed in C.W.J.C. No.18727 of 2017 (Kamlanand Thakur vs. The

State of Bihar & Ors.) and its analogous cases, wherein vide

judgment dated 28.06.2024, the Hon’ble Full Bench in paragraph

no.48 answered the reference in the following terms:

“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
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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
qualification for promotion under the
Service/Recruitment/Promotion Rules.”
6. Per contra, the learned counsel for the State-

Respondents submits that although no counter affidavit has been

filed in the present case, despite opportunities given to him, but the

fact remains that since the deceased petitioner did not pass the

departmental examination, he was denied the benefits of A.C.P.

and the order passed by the District Magistrate is self explanatory

and there is no illegality in the same.
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7. Having heard the learned counsel for the respective

parties and after going though the records, this Court finds that the

only ground on which the claim of the deceased petitioner for

grant of A.C.P. benefits was rejected, was that he did not clear the

Accounts paper II upto final level, which was mandatory as per

Rule 157 of Board Miscellaneous Rules, 1958. Similar matter with

regard to passing departmental examination for grant of

A.C.P./M.A.C.P. benefits has already been decided by an Hon’ble

Full Bench of this Court vide order dated 28.06.2024, passed in

C.W.J.C. No.18727 of 2017 and its analogous cases, wherein the

Hon’ble Full Bench has held that Rule 157(3)[J] of the Bihar

Board’s Miscellaneous Rules, 1958, requiring passing of

departmental examination is not applicable under the A.C.P. Rules,

2003 and the said Rule 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. The Hon’ble

Full Bench also considered Rule 4(5) of the A.C.P. Rules, 2003

and finally answered the reference in terms of the consideration

made in paragraph no.48 of the judgment dated 28.06.2024.

8. Accordingly, on the basis of the discussion made

above, this Court is of the opinion that the order dated 30.01.2013,

passed by the District Magistrate, Lakhisarai is fit to be set aside
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and is, accordingly, set aside. The respondent authorities are

directed to grant the benefits of A.C.P. to the legal heirs of the

deceased petitioner from the date, the deceased petitioner became

entitled to, in view of the Full Bench judgment of this Court in the

case of Kamlanand Thakur (supra), within a period of 12 weeks

from the date of receipt/production of a copy of this order. The

entire financial benefits accruing thereupon must be paid to the

legal heirs of the deceased petitioner within the aforesaid period

and if the same will not be paid to the legal heirs of the deceased

petitioner then they would be entitled for interest @ 7% on the

amount, if any, found payable, from the date of filing of the writ

petition, till the date of its actual payment.

9. The writ petition stands allowed in the

aforementioned terms.

10. Pending application(s), if any, shall also stands

disposed of.

(Ritesh Kumar, J.)

Sanjay/-

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