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Patna High Court

Uma Shankar JhaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner’s claim for ACP benefits should be considered without requiring a departmental accounts examination, in accordance with the precedent set by Kamlanand Thakur.

Summary

Uma Shankar Jha, a government employee, filed a writ petition seeking a mandamus directing the State of Bihar to grant him time‑bound promotion and Assured Career Progression (ACP) benefits due since 1999, along with arrears of service benefits. The petitioner contended that the requirement of a departmental accounts examination for ACP benefits had been settled by the Full Bench judgment in Kamlanand Thakur v. State of Bihar (2025). The Patna High Court, after hearing counsel, ordered the petitioner to file a representation before the Director of the Department of Information & Public Relation within two weeks. The respondent was directed to consider the representation, applying the precedent of Kamlanand Thakur, and to decide within six weeks, with any consequential benefits to be paid within two months. If the representation is rejected, a reasoned order must be issued. The writ application was consequently disposed with these directions.

Issues considered

  • Whether a departmental accounts examination is a prerequisite for granting Assured Career Progression benefits to the petitioner.
  • Whether the petitioner is entitled to promotion and arrears of service benefits without such examination, in view of the Full Bench judgment in Kamlanand Thakur v. State of Bihar.

Subjects

  • promotion
  • Assured Career Progression
  • departmental accounts examination
  • mandamus
  • government service
  • arrears of service
  • representation
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6769 of 2017
                 ======================================================
                 Uma Shankar Jha Son of Late Sarowar Jha, resident of Village P.O. Bangaon
                 Uttari, Near Bhagwati Asthan, P.S.- Bangaon, District- Saharsa.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Information & Public Relation, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Information and Public Relation,
                 Government of Bihar, Patna.
           3.    The Director, Department of Information and Public Relation, Government
                 of Bihar, Patna.
           4.    The District Magistrate, Supaul.
           5.    The Joint Director, P.R.D. Directorate, Bihar, Patna.
           6.    The District Public Relation Officer, Supaul.
           7.    The Accountant General, Bihar Birchand Patel Marg, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Pramod Mishra, Advocate
                 For the State           :      Md. Raisul Haque, SC- 10
                 For the AG              :      Mr. Arun Kumar Arun, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   12-02-2026                      Heard learned counsel for the parties.

                                 2. The petitioner has filed the instant application for

                   the following relief:

                                                             “1. That the petitioner prays
                                                 for issuance of a writ preferably in the
                                                 nature of mandamus commanding and
                                                 directing the Respondents concerned
                                                 to grant time bound promotion/
                                                 Assured Career Progression (A.C.P.)
                                                 benefit due since 09.08.1999 and to
                                                 make payment of arrear of pre-retiral
Patna High Court CWJC No.6769 of 2017(3) dt.12-02-2026
                                            2/3




                                          and post retiral difference of services
                                          benefits which has not been paid to
                                          the petitioner despite his entitlement,
                                          as also to award cost of litigation in
                                          favour of the petitioner. And/or any
                                          other relief or reliefs for which the
                                          petitioner is found entitled to in the
                                          facts and circumstances of this case.”

                      3. At the outset, it is submitted by learned counsel for

          the petitioner that the issue raised in the instant application as to

          whether the departmental accounts examination is required to be

          passed or not for grant of ACP benefits already stands concluded

          in the Full Bench judgment of this Court in the case of

          Kamlanand Thakur vs. The State of Bihar & Ors.; 2025 (2)

          PLJR 623 (FB).

                      4. In view of the facts and circumstances and specially

          the submissions made by learned counsel for the petitioner, the

          writ application is disposed off directing the petitioner to file a

          representation before the Director, Department of Information &

          Public Relation, Government of Bihar (respondent no.3) within

          a period of two weeks for the relief prayed for in the instant

          application.

                      5. The respondent no. 3 shall consider the

          representation,       the    points      raised   therein   taking   into
           Patna High Court CWJC No.6769 of 2017(3) dt.12-02-2026
                                                       3/3




                     consideration the judgment of this Court in the case of

                     Kamlanand Thakur (supra) and decide the same within a

                     period of six weeks from the date of its filing.

                                 6. The consequential benefits found payable to the

                     petitioner shall be paid within a period of two months of the

                     disposal of the representation.

                                 7. In case the representation of the petitioner does not

                     find favour with the respondent concerned, a reasoned order for

                     the same shall be communicated to the petitioner within the

                     aforesaid period.

                                 8. The writ application stands disposed off with the

                     above observations and directions.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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