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Patna High Court

Ram Babu ChaudharyversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the requirement of passing the departmental Accounts examination under Rule 157(3)[J] does not apply to the grant of ACP benefits under the ACP Rules, 2003, and therefore the corrigendum denying such benefits to the petitioner is set aside.

Summary

Ram Babu Chaudhary, a retired Moharrir of the Water Resources Department, filed a writ petition seeking to quash a corrigendum dated 18‑11‑2014 that withdrew the Assured Career Progression (ACP) benefits previously granted to him by an order dated 20‑8‑2014. He argued that the withdrawal was based on the ground that he had not passed the departmental Accounts examination, a condition he contended was not applicable to ACP benefits. The Court examined the applicability of Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958 and Rule 4(5) of the ACP Rules, 2003, relying on the Full Bench decision in Kamlanand Thakur vs State of Bihar. The Court held that the examination requirement does not apply to ACP benefits and set aside the corrigendum. Consequently, the petitioner was entitled to the ACP benefits with all consequential financial progression, and the respondents were directed to pay the dues within three months. The writ application was allowed.

Issues considered

  • Whether Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958 requiring passing of the departmental Accounts examination is applicable to the grant of Assured Career Progression benefits under the ACP Rules, 2003.
  • Whether the corrigendum dated 18‑11‑2014 denying the petitioner’s ACP benefits can be quashed.

Subjects

  • Assured Career Progression
  • ACP Scheme
  • Departmental Accounts Examination
  • Promotion Rules
  • Writ Petition
  • Quashing Order
  • Bihar Civil Service

Judgment

         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
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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                          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
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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          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 relevant provision
Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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          under the Bihar Board's Miscellaneous Rules, 1958 requiring

          passing of the departmental Accounts examination for

          promotion is applicable in case of grant of ACP benefits under

          the ACP Rules, 2003 came for consideration by a Full Bench

          of this Court in the case of Kamlanand Thakur (supra)

          wherein this Court decided as follows :

                          “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
                          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
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                          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.”
                          9. In view of the above, this Court having held in

          the case of Kamlanand Thakur (supra) that passing of the

          departmental Accounts examination for promotion is not

          applicable in case of grant of ACP benefits under the ACP

          Rules, 2003, in the opinion of the Court, the case of the

          petitioner is fully covered by the said judgment.

                          10. In view of the facts and circumstances of the

          case, in the opinion of the Court, the petitioner has made out a

          case for grant of relief.

                          11. The order rejecting the grant of benefit of

          ACP/modified ACP Scheme to the petitioner contained in

          memo no.3527 dated 18.11.2014 issued under the signature of

          the Chief Engineer, Water Resources Department, Bhagalpur

          so far as it relates to the petitioner is set aside.

                          12. The consequential benefits shall be paid by

          the Executive Engineer, Irrigation Division no.1, Laxmipur,
            Patna High Court CWJC No.24304 of 2018 dt.07-01-2026
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                      Jamui (respondent no.6) within a within a period of 3 months

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

                                      13. The writ application stands allowed.



                                                 (Partha Sarthy, J)
Shiv/-
AFR/NAFR               NAFR
CAV DATE               N/A
Uploading Date         08.01.2026
Transmission Date


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