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Patna High Court

Shahid AkhtarversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The Court held that the Finance Department’s distinction denying ACP benefits to compassionate appointees is invalid and the petitioner is entitled to the ACP benefits and pay‑scale as per the Government resolution.

Summary

The petitioner, Shahid Akhtar, a Treasury Accountant appointed on compassionate grounds in 1990, sought quashing of Memo No. 786 dated 08‑09‑2016 which denied him Assured Career Progression (ACP) benefits and the pay‑scale of Rs 5,000‑8,000 under Government Resolution No. 163 dated 08‑01‑2016. The Finance Department had distinguished compassionate appointees from clerks who opted for the Treasury cadre in 1979, rejecting his representation. The Court examined earlier decisions (e.g., Dhananjay Sharma, Prabhat Shankar Poddar, Anit Kumar Singh) which held that such discrimination is impermissible and that compassionate appointees are entitled to the same benefits. Relying on those precedents, the Court found the Finance Department’s distinction invalid. Consequently, the Court set aside Memo No. 7186/2016, directed the respondents to calculate and pay the ACP benefits within three months, and ordered disclosure of the calculation details. The writ petition was allowed.

Issues considered

  • Whether a Treasury Clerk appointed on compassionate ground is entitled to Assured Career Progression benefits and the Rs 5,000‑8,000 pay‑scale under Government Resolution No. 163/2016.
  • Whether the Finance Department’s distinction between directly appointed clerks and compassionate appointees is legally valid.
  • Whether the order Memo No. 7186 dated 08‑09‑2016 rejecting the petitioner’s representation should be quashed.

Subjects

  • Assured Career Progression
  • Compassionate appointment
  • Pay scale
  • Discrimination
  • Civil writ jurisdiction
  • Government resolution
  • Finance Department
  • Bihar State Litigation Policy
  • Equal treatment
  • Public service law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.969 of 2017
     ======================================================
     Shahid Akhtar Son of Late Akhtarul Hasan Ansari, Resident of Mohalla-
     Karimchak, P.O.- Chapra, P.S.- Chapra Town, District- Saran at Chapra
     presently posted as Accountant, Saran Treasury at Chapra.

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar
2.   The Principal Secretary, Finance Department, Govt. of Bihar, Old
     Secretariat, Patna.
3.   The Principal Secretary, Law Department, Govt. of Bihar, Old Secretariat,
     Patna.
4.   Secretary-Cum-Chairman, Finance          Department    Grievance    Redressal
     Committee, Old Secretariate, Patna.
5.   Additional Secretary-Cum-Chairman         Finance     Department   Grievance
     Redressal Committee, Old Secretariat
6.   The Joint Secretary, Finance Department, Govt. of Bihar, Old Secretariat,
     Patna.
7.   The Deputy Secretary, Finance Department, Govt. of Bihar, Old Secretariat,
     Patna.
8.   The Under Secretary, Finance Department, Govt. of Bihar, Old Secretariat,
     Patna.
9.   The Treasury Officer, Saran at Chapra.
10. The District Magistrate Cum Collector, Saran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Siya Ram Shahi, Advocate
                                  Ms. Shally Kumari, Advocate
                                  Mr. Sanjay Kumar Verma, Advocate
     For the Respondent/s   :     Mr. Parijat Saurav, AC to AAG 13
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     CAV JUDGMENT
      Date : 13-03-2026

               1. Heard Mr.Siya Ram Shahi learned counsel for the

      petitioner and Mr. Parijat Saurav, learned counsel for the

      respondents.

               2. The petitioner has filed the instant application for the
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         following reliefs:-

                            “(i) For issuance of an appropriate writ in
                            quashing the Memo no. 786 dated 08.09.2016
                            issued by Finance Department, Grievance
                            Redressal Committee contained in Annexure-2 at
                            Page-47 whereby the petitioner's representation
                            seeking grant of ACP benefit in terms of the
                            Govt. Resolution dated 08.01.2016 contained in
                            Annexure-3 of the Supplementary Affidavit at
                            Page-68 with reckoning his regular service of 20
                            years, has been rejected.
                            (ii) The petitioner has also prayed for grant of
                            1st ACP benefit w.e.f. 11.07.2002 in the Pay
                            Scale of Rs. 6500-10500 and 2nd ACP benefit
                            w.e.f. 11.07.2010 in Pay Band of Rs. 9300-
                            34,800      with      Grade   Pay   of   Rs.   5400/-.
                            (iii) The petitioner has also prayed for direction
                            to grant all the consequential benefits.”
                 3. The case of the petitioner in brief is that his father who

         was an employee in the Treasury cadre having died in harness,

         the petitioner being a graduate was appointed on compassionate

         ground as a Typist on 10.7.1990 in the Directorate of Treasury

         and Accounts in the pay scale of Rs. 1200-13-1800. He joined

         on 11.7.1990. The petitioner passed his Hindi Noting and

         Drafting test on 21.2.1992 and also successfully cleared his

         accounts examination for clerk.

                 4. It is the case of the petitioner that after the 6 th Pay
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         Revision, he was put in the pay scale of Rs. 5000-8000 with

         effect from 1.1.1996 in light of the judgment dated 26.7.2001 in

         the case of Dhananjay Sharma vs. State of Bihar;

         2001(4)PLJR 533. He was granted the benefit of the 1st ACP

         (Assured Career Progression) in the pay scale of Rs. 5500-9000

         on 11.7.2002. After 7th Pay Revision, he was put in the pay

         band of Rs. 9300-34,800 with pay grade of Rs. 4600 with effect

         from 1.4.2007. He is at present working as Accountant in Saran

         Treasury at Chapra. The petitioner who was initially appointed

         as a Typist on compassionate ground and posted in the Saran

         Treasury, after merger of his post, the petitioner was designated

         as Clerk. In terms of the Memo no. 7063 dated 28.9.2000, the

         nomenclature of Treasury Clerk was changed to Treasury

         Accountant.

                 5. It is submitted by learned counsel appearing for the

         petitioner that the petitioner moved before the respondents for

         grant of benefit of financial upgradation as provided in the

         resolution     dated     8.1.2016        of   the   Finance   Department,

         Government of Bihar. However, the respondent Government of

         Bihar, came out with a notification contained in letter no. 2856

         dated 6.4.2016, misinterpreting the Finance Department

         resolution no. 163 dated 8.1.2016 and held that clerks appointed
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         on compassionate ground as in the case of the petitioner are not

         Accounting Clerks and are thus not entitled to the benefits of the

         said financial upgradation. On the application having been filed

         by the petitioner under the provisions of the Bihar State

         Litigation Policy, 2011, the Grievance Redressal Committee of

         the Finance Department in its meeting held on 8.9.2016 was

         pleased to reject the same. As such, the instant writ application

         for the reliefs prayed for as stated herein above.

                 6. It is submitted by learned counsel appearing for the

         petitioner that in the case of Dhananjay Sharma (supra), this

         Court while allowing the application and quashing orders/letters

         impugned directed the State- respondents to implement the

         recommendation of the Fitment Appellate Committee forthwith

         positively within one month. Further direction was given to the

         respondents to pay to the petitioner the pay scale of Rs. 5000-

         8000 which they were admittedly getting by virtue of interim

         orders passed by this Court from time to time. The said

         judgment on being challenged in LPA no. 165 of 2002 (The

         State of Bihar & Anr. versus Dhananjay Sharma & Ors.) was

         dismissed on 27.4.2010 and the S.L.P.(Civil) no. 1381 of

         2011(The State of Bihar & Anr. versus Dhananjay Sharma &

         Ors.) preferred by State of Bihar, was also dismissed on
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         12.5.2011. It is the case of the petitioner that vide order dated

         20.7.2011 passed in CWJC no. 817 of 2007, the writ application

         filed by Prabhat Sankar Poddar, reducing his pay scale of

         Rs.5000-8000 to Rs. 4000-6000, was set aside. Similar relief

         was granted to the petitioner Anit Kumar Singh vide judgment

         dated 25.10.2016 passed in CWJC no. 5021 of 2011 (Anit

         Kumar Singh vs State of Bihar). It is finally submitted that even

         the appeal (LPA no. 767 of 2017) preferred against the judgment

         dated 25.10.2016 was dismissed.

                 7. In view of the facts and circumstances of the case,

         learned counsel for the petitioner submits that the respondents

         have erred in rejecting the application filed by the petitioner and

         by denying him the scale of Rs. 5000-8000 and grant of

         financial upgradation under the ACP Scheme.

                 8. The application is opposed by learned counsel for the

         respondents. It is submitted that in similar matters in cases filed

         by persons appointed on compassionate ground, the matter came

         up for consideration before this Court and by order dated

         5.4.2016 passed in CWJC no. 3165 of 2014 (Bali Ram Singh &

         Ors. versus the State of Bihar & Ors.) no relief was granted to

         the petitioners therein. It was further submitted that so far as the

         judgment dated 25.10.2016 passed in CWJC no. 5021 of 2021
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         (Anit Kumar Singh versus the State of Bihar) is concerned,

         though the letter impugned was set aside, however, the State of

         Bihar preferred an appeal (LPA no. 767 of 2016). Learned

         counsel for the respondents further submitted that the petitioner

         was appointed on compassionate ground as Typist in Saran

         Treasury. The post of Typist which was sanctioned in the

         Treasury on being merged with the post of Clerk on 15.1.1993,

         the petitioner was designated as a Clerk. The Fitment Appellate

         Committee in its report had observed that those Collectorate

         staff who had opted as Treasury cadre in the year 1979 were to

         be treated on a different footing from other incumbents. Only

         269 old employees were recommended the replacement scale of

         Rs. 1400-2600 ie the revised scale of Rs. 5000-8000. It was

         submitted that as per the report, as the number reduced due to

         attrition, the post would get retracted back to the scale of Rs.

         4000-6000. It was submitted that so far as the case of persons

         like    the    petitioner     appointed     as   Accounts   Clerk   on

         compassionate ground is concerned, having been appointed in

         the pay scale of Rs. 1200-1800 from 1.4.1986, he is entitled to

         get 1st ACP of Rs. 4500-7000, 2nd ACP of Rs. 5000-8000, and 3rd

         ACP of Rs. 5500-9000. It was submitted that the petitioner not

         being entitled for the relief prayed in his representation, the
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         Grievance Redressal Committee rightly rejected the same by its

         order dated 8.9.2016. There is no merit in the instant writ

         application and the same be dismissed.

                 9. Heard learned counsel for the petitioner and learned

         counsel for the respondents.

                 10. Bereft of unnecessary details, it may be mentioned

         here that on his father namely Akhtarul Hasan Ansari, an

         employee of the Treasury Cadre having died in harness, the

         petitioner came to be appointed on compassionate ground as a

         Typist on 10.7.1990. He joined in the Saran Treasury as a Typist

         on 11.7.1990. The petitioner cleared his Half Yearly

         Examination for Clerks in the year 1991 and passed his Hindi

         Noting and Drafting test on 21.2.1992.

                 11. On introduction of the ACP Scheme in the year 2003,

         the petitioner was granted the benefit of the first ACP Scheme

         with effect from 11.7.2002. After the 6th Pay Revision, the

         petitioner was put in the pay scale of Rs. 5000-8000 which he

         availed from 1.4.1997 to 10.7.2002. He was granted the benefits

         of the 1st ACP in the pay scale of Rs. 5500-9000 and he

         remained in the said pay scale from 11.7.2002 to 31.3.2007.

         After the 7th Pay Revision, the petitioner was put in the pay band

         of Rs. 9300-34,800 with a grade pay of Rs. 4600 with effect
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         from 1.4.2007.

                 12. It may be observed here that in the year 1993 vide

         Finance Department letter no.10 dated 15.1.1993, after merger

         of posts, the petitioner was designated as a Clerk. On the

         petitioner filing his representation dated 28.4.2016 under the

         Bihar State Litigation Policy, 2011 for grant of pay scale of Rs.

         5000-8000 and for financial upgradation under the ACP Scheme

         on the basis of the Finance Department Resolution no. 163

         dated 8.1.2016, the same came to be rejected in the proceedings

         contained in memo no. 7186 dated 8.9.2016.

                 13. On perusal of the order/decision impugned it would

         transpire that the reasons given therein were that pay scale of

         Rs. 5000-8000 with effect from 1.1.1996 had been given only to

         those clerks who had been appointed in the Treasury cadre by

         exercise of option in the year 1979. In this respect, it may be

         mentioned here that the petitioner was appointed on

         compassionate ground as a Typist on 11.7.1990. It was only in

         the year 1993, after merger of his post that the petitioner was

         designated as a Clerk.

                 14. The issue of the scale of pay of one Prabhat Sankar

         Poddar being reduced from Rs. 5000-8000 of Rs. 4000-6000 on

         ground that he was appointed as a Treasury Clerk on
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         compassionate ground in May, 1988 and that he had not opted

         for Treasury Cadre in the year 1979, came up for consideration

         by this Court in CWJC no. 817 of 2007 (Prabhat Shankar

         Poddar versus State of Bihar). Placing reliance on the

         judgments in the case of Dhananjay Sharma (supra), this Court

         quashed the impugned order with a direction to the respondent

         authorities to grant to the petitioner therein pay scale of Rs.

         5000-8000 with effect from 11.1.1996 with a further direction to

         refund the amount recovered from him. Relevant part of the

         order dated 20.7.2011 passed in CWJC no. 817 of 2007 is

         reproduced herein below for ready reference:-

                                 “5. Having perused the impugned order
                            dated 16.11.2006, Annexure-1 it is quite evident
                            that scale payable to the petitioner has been
                            reduced to Rs.4000-6000/- only on the ground
                            that he was appointed as Treasury Clerk on
                            compassionate ground in May 1988 and had not
                            opted for Treasury Cadre in 1979. There is no
                            dispute that petitioner was appointed         as
                            Treasury Clerk in the scale of Rs.1400-2600/-
                            which was also being paid to other Treasury
                            Clerks who opted for Treasury Cadre in 1979. In
                            terms of the recommendation of the Pay Revision
                            Committee the scale of Rs.1400-2600 was
                            revised to Rs.4000-6000/-. Appointment having
                            been made at a later date cannot be a ground for
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                            reducing the pay scale. This Court under orders
                            dated 26.07.2001, Annexure-2 appreciating the
                            fact that petitioner and others were appointed in
                            the scale of Rs.1400-2600/-           revised      scale
                            whereof        is        Rs.4000-6000/- quashed the
                            different order/resolution reducing the scale to
                            Rs.4000-6000/- with specific direction to allow
                            the petitioner and others the scale of Rs.5000-
                            8000/-. While admitting L.P. A. No.165 of 2002
                            interim order dated 17.02.2004 was passed
                            approving payment of salary to the petitioner in
                            the higher scale of Rs.5000-8000/-, in my
                            opinion,     therefore,     there   was   hardly    any
                            occasion for the State respondents under the
                            impugned order dated 16.11.2006 and Finance
                            Department letter dated 13.03.2007, Annexure-
                            13 to again reduce the pay scale of the petitioner
                            from 5000-8000/- to 4000-6000/-. Accordingly,
                            the impugned order dated 16.11.2006, Annexure-
                            1 as also the Finance Department letter no.1693
                            dated 13.03.2007, Annexure-13 is quashed with
                            direction to the respondent authorities to grant
                            the petitioner pay scale of Rs.5000-8000/- with
                            effect from 1.1.1996 and the amount already
                            recovered should also be refunded to him within
                            a reasonable time.
                                 6. The writ application is, accordingly,
                            allowed.”
                            (emphasis supplied)
                 15. At the cost of repetition, it may be stated here that the
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         petitioner was appointed on the pay scale of Rs.1200-1800

         under the 5th Pay Revision, in which scale he remained from

         11.7.1990 to 31.3.1997. With the 6th Pay Revision, he was put in

         the pay scale of Rs. 5000-8000 which he availed from 1.4.1997

         to 10.7.2002. He was granted the benefit of the 1 st ACP and

         remained in the scale of Rs. 5500-9000 from 11.7.2002 to

         31.3.2007.

                 16. The order dated 20.7.2011 passed in CWJC no. 817 of

         2007 was challenged in LPA no. 2006 of 2011 (State of Bihar

         versus Prabhat Shankar Poddar) and the said appeal was

         dismissed in limine by order dated 5.12.2013. Even the review

         application (Civil Review no. 182 of 2014; State of Bihar vs.

         Prabhat Shankar Poddar) was dismissed for default on

         23.9.2015.

                 17. The Finance Department, Government of Bihar, came

         with the letter no. 2856 dated 6.4.2016 bringing out distinction

         between a Treasury Clerk appointed directly and the Clerk of

         treasury appointed on compassionate ground. By the said letter,

         it was directed that if the benefit of resolution no. 163 dated

         8.1.2016 which has been denied to the petitioner in the instant

         case, has been given to clerks of treasury appointed on

         compassionate ground, the same be recovered.
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                 18. The letter no. 2856 dated 6.4.2016 came to be

         considered in CWJC no. 5021 of 2011 (Anit Kumar Singh vs.

         State of Bihar) wherein the learned Single Judge by judgment

         dated 25.10.2016 allowed the writ petition, set aside the letter

         no. 2856 dated 6.4.2016 and directed for payment of all

         consequential benefits to the petitioner therein. The relevant

         portion of the judgment dated 25.10.2016 is reproduced herein

         below for ready reference:

                                 “Primarily, the Court is of the opinion that
                            Annexure-18 is exactly in the teeth of order
                            passed in C.W.J.C. No. 817 of 2007, which was
                            finally settled by the Division Bench. There was
                            no occasion for the State authority to again
                            create a distinction between the Treasury Clerk
                            appointed directly and the Clerk of the Treasury,
                            who were appointed on compassionate ground.
                            Normally,        after   the   appointment    on
                            compassionate ground, an employee may not be
                            discriminated with other employee. Since the
                            dispute was already set at rest and respondents
                            themselves had taken the plea in the counter
                            affidavit that one similar matter was pending
                            before this Court and this Court had decided the
                            issue, thereafter the State authority may not be
                            allowed to create any distinction and deny the
                            relief, which has been sought for in the present
                            writ petition, similar to the reliefs, which were
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                            claimed         in       earlier   writ           petitions.
                                 By way of referring to an order dated 26-07-
                            2001 passed in C.W.J.C. No. 3063 of 1992
                            passed by a Single Bench of this Court, Sri Anil
                            Kumar Sinha, learned Govt. Advocate - 1 had
                            tried to distinguish the case, however; Sri Shahi,
                            learned counsel for the petitioners has argued
                            that the said order is per incurium, since it was
                            contrary to the order passed in C.W.J.C. No. 817
                            of 2007, which was approved by the Division
                            Bench.       The         Court     is        in     agreement
                            with      the        submission         of        Mr.    Shahi.
                                 Accordingly, the writ petition is allowed and
                            order contained in Annexure- 18 i.e. letter no.
                            2856 dated 06-04-2016 is also set aside.
                                 All the consequential benefits, in view of
                            setting aside the impugned order and allowing
                            the writ petition shall be provided to the
                            petitioners within a period of three months from
                            the date of receipt/production of a copy of this
                            order.
                            (emphasis supplied)
                 19. The appeal (LPA no. 767 of 2016; State of Bihar vs.

         Anit Kumar Singh) preferred against the judgment dated

         25.10.2016 passed in CWJC no. 5021 of 2011 was dismissed on

         27.9.2018. Relevant part of the judgment dated 27.9.2018

         passed in LPA no. 767 of 2017 is reproduced herein below for

         ready reference:
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                                 “2. We have heard the learned counsel for
                            the respective parties at length and perused the
                            impugned          judgment        and     order   passed
                            by        the           learned         Single    Judge.
                                 2.1. At the outset, it is required to be noted
                            that as such the issue has already been decided
                            by a Bench of this Court in C.W.J.C. No. 817 of
                            2007 (i.e. Prabhat Shankar Poddar vs. The State
                            of Bihar and Ors.) which came to be confirmed
                            by a Division Bench of this Court and it was held
                            to not to grant benefit of ACP to those employees
                            who were appointed                      on compassionate
                            ground.
                                 3. However, it appears that thereafter the
                            State came out with a Notification/Order
                            contained in Letter No.2856 dated 06.04.2016 by
                            which it was decided that the persons appointed
                            on compassionate ground shall not be entitled to
                            ACP. It appears that the aforesaid order was
                            absolutely in teeth of the earlier decision of the
                            learned Single Judge confirmed by the Division
                            Bench. We are also of the opinion that there
                            should not be any discrimination in granting the
                            benefit of ACP, once a person is appointed in the
                            department, may be on compassionate ground.
                                 3.1. Any person appointed, may be on
                            compassionate ground, on completion of certain
                            years, as per the Assured Career Progression
                            Scheme, Rule 2003, shall be entitled to the first
                            and second ACP as per the Rule 2003.
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                                  4. Under such circumstances, as such, no
                            error has been committed by the learned Single
                            Judge in setting aside the order/notification
                            contained in Letter No. 2856 dated 06.04.2016
                            and holding that the original writ petitioner
                            shall be entitled to ACP as per Rule 2003, we are
                            in complete agreement with the view taken by the
                            learned Single Judge and no interference is
                            called for by this Court in intra court appellate
                            jurisdiction.
                                  5.    Under        such    circumstances,      the
                            present           appeal          is      dismissed.”
                            (emphasis supplied)
                 20. Civil Review no. 44 of 2019 (The State of Bihar

          versus Anit Kumar Singh) filed praying for a review of the

          judgment dated 27.9.2018 passed in LPA no.767 of 2017 was

          also dismissed vide judgment dated 31.7.2019. The relevant

          part of the judgment dated 31.7.2019 is reproduced herein

          below for ready reference.

                                  “15. On these grounds, it has been asserted
                            by the State/petitioners that in none of the
                            litigations,     the     distinction   between     such
                            inductees as Treasury Clerks and compassionate
                            appointees was taken note of and there was no
                            application of mind with respect to the
                            distinction        between        Treasury        Clerks
                            and             Clerks            in         Treasury.
                                  16. On hearing the parties, we are of the
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                            view that though there does appear to be some
                            distinction between two class of employees and
                            the government could have treated them
                            separately so far as pay-scale is concerned, but
                            once a decision has been taken to afford such
                            benefits of the scheme of financial progression
                            available to all Treasury Clerks, any further
                            distinction on the basis of source of appointment
                            would amount to reverting such persons who
                            have been the recipients of the benefits to a
                            lesser scale and if such a decision is taken,
                            recovery would have to be effected. This would
                            unnecessary create litigation which is neither
                            advisable                      nor               expedient.
                                 17. These issues/arguments were available to
                            the State/petitioners and from the judgment of
                            the Division Bench, it appears that such
                            argument was advanced and answered by
                            holding that the circular/notification dated
                            06.04.2016, not granting the benefits of ACP to
                            compassionate appointees, was in teeth of the
                            earlier decisions of the learned Single Judge,
                            which was affirmed by the Division Bench as
                            also         by          the         Supreme        Court.
                                 18. The impugned judgment has also taken
                            note of the fact that there should not be any
                            discrimination in grant of the benefit of ACP.
                            Once a person is appointed in the department,
                            even though on compassionate grounds, he
                            would       be      entitled         for   the    benefits.
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                                   19. The power of review inheres in every
                            Court of plenary jurisdiction but such power is
                            only for preventing miscarriage of justice or to
                            correct grave and palpable errors committed by
                            it. There are definite limitations to exercise of the
                            power of review and it could be exercised only
                            on the discovery of new and important matters
                            or evidence which, after the exercise of due
                            diligence, was not within the knowledge of a
                            person seeking review, or could not be produced
                            by him at the time when the order was made. It
                            may also be exercised where some mistake or
                            error apparent on the face of record is found or
                            on any such analogous grounds. A review of a
                            judgment cannot be made on the ground that the
                            decision was erroneous on merits as this would
                            fall     in     the      domain   of    appeal.
                                   20. From the arguments advanced on behalf
                            of the State/petitioners, it appears that the
                            review has been sought as if for the purpose of
                            re-hearing and for a fresh decision in the case.
                            The grounds for review were available to the
                            State/petitioners which was never agitated. Even
                            otherwise, we are of the view that taking any
                            other decision in not extending the benefits of a
                            benevolent scheme to compassionate appointees
                            would not be just and proper, once the issue has
                            been set at rest till the Supreme Court. Once
                            appointment is made on a post, the source of
                            appointment looses its significance, specially for
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                            the purposes of application of beneficent
                            provisions. The distinction between the Treasury
                            Clerks and Clerks in Treasury also appear to be
                            specious and does not have any rationale.
                                 21. Thus, for the reasons that the judgment
                            under review does not suffer from any palpable
                            error of record or that it is a result of oversight,
                            we are not inclined to interfere/review the
                            judgment.
                                 22. The petition is dismissed for the reasons
                            aforesaid.”
                            (emphasis supplied)
                 21. So far as the order impugned contained in Memo

          no.7816 dated 8.9.2016 is concerned, perusal of the same

          would show that the representation of the petitioner has been

          rejected mainly on the ground that the petitioner who was

          appointed as a Clerk on compassionate ground through the

          Directorate of Treasuries and Accounts and posted in the

          Treasury, could not have been treated at par with the clerks

          who opted for the Treasury Cadre in the year 1979. It may be

          observed here that the petitioner could not have opted for the

          Treasury Cadre in the year 1979, having been appointed on

          compassionate ground as a Typist in the year 1990.

                 22. Further from perusal of the relevant part of the

          judgment dated 25.10.2016 passed in CWJC no.5021 of 2011,
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          this    Court     held     that    normally   after   appointment   on

          compassionate ground, an employee may not be discriminated

          with other employees. In view of the matter already having

          been settled in another similar matter, the State authority may

          not be allowed to create any distinction and deny the relief.

          LPA no.767 of 2017 preferred against the order dated

          25.10.2016 was dismissed. In the Civil Review no.44 of 2019

          preferred for review of the order passed in the LPA, this Court

          observed that once a decision has been taken to afford such

          benefit of the scheme of financial progression to all the

          Treasury Clerks, any further distinction on the basis of source

          of appointment would create unnecessary litigation which was

          neither advisable nor expedient. Taking note of the fact that in

          the judgment under review the Court had held that once a

          person is appointed in the Department, even though on

          compassionate grounds, he would be entitled for the benefits of

          the ACP, the Court dismissed the review application. The Court

          finally held that taking any other decision in not extending the

          benefit of a benevolent scheme to compassionate appointees

          would not be just and proper once the issue has been set at rest

          till the Supreme Court.

                 23. Taking note of the judgments of this Court in the case
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          of Prabhat Shankar Poddar vs. The State of Bihar & Ors. (order

          dated 20.7.2011 in CWJC no.817 of 2007), Anit Kumar Singh

          & Ors. vs. The State of Bihar & Ors. (judgment dated

          25.10.2016 in CWJC no.5021 of 2011), The State of Bihar &

          Ors. vs. Anit Kumar Singh & Ors. (judgment dated 27.9.2018

          passed in LPA no.767 of 2017) and The State of Bihar & Ors.

          vs. Anit Kumar Singh & Ors. (judgment dated 31.7.2019

          passed in Civil Review no.44 of 2019), the distinction between

          Treasury Clerk appointed directly and the Clerk of Treasury

          who are appointed on compassionate ground having been done

          away with, in the opinion of the Court, the respondents

          committed an error in their order contained in Memo no.7186

          dated 8.9.2016 rejecting the representation filed by the

          petitioner.

                 24. As such, the order contained in Memo no.7186 dated

          8.9.2016 issued by the Finance Department, Grievance

          Redressal Committee cannot be sustained and is hereby set

          aside. Further the petitioner is held entitled for grant of ACP

          benefits in terms of the Government resolution contained in

          Memo no.163 dated 8.1.2016.

                 25. The respondents shall calculate the ACP benefits

          payable to the petitioner accordingly and shall pay the
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                       consequential amounts within a period of three months. Along

                       with the amount paid, the respondents shall also provide to the

                       petitioner the details of calculation.

                              26. The writ application is accordingly allowed.




                                                  (Partha Sarthy, J)

Bibhash
AFR/NAFR
CAV DATE                8-1-2026
Uploading Date          13-3-2026
Transmission Date


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