Patna High Court
The State Of Bihar vs Sri Ram Subhag Singh on 11 May, 2022
Author: Rajan Gupta
Bench: Rajan Gupta, Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.4 of 2021
In
Civil Writ Jurisdiction Case No.8087 of 2015
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1. The State of Bihar
2. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary,
Water Resources Department, Govt. of Bihar.
3. The Chief Engineer, Water Resources Department, Dehri.
4. The Commissioner, Patna Division, Patna.
5. The Superintending Engineer, Water Resources Department, Bhabhua.
6. The Executive Engineer, Water Resources Department, Bhabhua.
... ... Appellant/s
Versus
Sri Ram Subhag Singh S/o Late Chandrama Singh, Resident of Village
Dharampur, P.S. Sandesh, District - Bhojpur at Ara.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Anjani Kumar, AAG-4
Mr. Deepak Sahay Jamuar, AC to AAG-4
Mr.Sanjay Kumar (AC to AAG-4)
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date: 11.05.2022
The instant appeal has been preferred against the
order dated 07.08.2019 passed by the learned Single Judge in
CWJC No. 8087 of 2015, whereby and whereunder the claim of
the petitioner regarding grant of assured career progression
without passing of the departmental examination has been held
to be squarely covered by a decision rendered in the case of
Ramadhar Thakur vs. The State of Bihar & Ors. passed by the
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learned Division Bench of this Court in LPA No. 599 of 2015,
and accordingly, the respondents-appellants herein have been
directed to consider the claim of the petitioner for grant of the
due benefit under the ACP and MACP scheme without raising
any objection regarding passing of the departmental exam.
The learned senior counsel for the appellant-State has
referred to a judgment rendered by the learned Division Bench
of this Court in the case of the State of Bihar & others vs.
Anjani Kumar, reported in 2013(2) PLJR 643 to submit that a
learned Division Bench of this Court has held that there is no
provision for exemption from passing departmental accounts
examination for the purposes of grant of promotion/ACP. It is
also submitted that the said judgment rendered in the case of
Anjani Kumar (supra) has been upheld by the Hon'ble Apex
Court by an order dated 10.03.2014 passed in SLP (Civil) No.
19182 of 2013, whereby and whereunder the SLP has been
dismissed in limine.
We have heard the learned senior counsel for the
appellant and find that much water has flown since the passing
of the aforesaid order dated 07.03.2013 in the case of Anjani
Kumar (supra) by the learned Division Bench inasmuch the
issue under consideration in the present appeal is no longer res
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integra since the view taken by the learned Single Judge in the
impugned judgment stands fortified by catena of judgments
rendered by this Court as also by the Hon'ble Apex Court, as
would be apparent from the judgment rendered by learned
Division Bench of this Court in the case of State of Bihar &
Ors Vs. Smt. Jivachi Devi, reported in 2020 (2) BLJ 471,
paragraphs No. 5 to 9 whereof are reproduced herein below:-
"5. On the other hand, learned counsel appearing
for the respondent submits that the issue involved in
the appeal is no more res integra as the same has
already been decided by the Division Benches of this
Court in the following decisions:--
(i). Bishwanath Prasad v. The State of Bihar,reported
in (2011) 2 PLJR 136
(ii). Avinash Chandra Singh v. The State of
Bihar,reported in (2012) 1 PLJR 663.
(iii). Uday Shankar Prasad v. The State of
Bihar,reported in (2017) 3 PLJR 824.
(iv). Judgment dated 19.3.2018, passed in LPA No.
599/2015 (Ramadhar Thakur v. The State of Bihar)
6. Having heard learned counsel for the parties and
on going through the records, it appears that the
facts are not in dispute between the parties. The only
issue involved in the appeal is as to whether passing
of departmental accounts examination would be
necessary for grant of benefits of Assured Career
Progression, provided under the Bihar State
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Employees Conditions of Service (Assured Career
Progression Scheme)Rules, 2003 read with Clause
(J) of Sub-rule (3)of Rule 157 of the Bihar Boards
Miscellaneous Rules, 1958. I am in agreement with
the submissions advanced by learned counsel
appearing on behalf of the respondent that the issue,
in hand, is no more res integra as the same has
already been decided by different Division Benches
of this Court in a catena of similar cases,mentioned
herein below:--
(i). State of Bihar v. Anjani Kumar, reported in(2013)
2 PLJR 643
(ii). Uday Shankar Prasad v. The State of
Bihar,reported in (2017) 3 PLJR 824 and
(iii). Ramadhar Thakur v. State of Bihar, reported in
LPA No. 599 of 2015.
7. Recently, a Division Bench of this Court in case of
Ramadhar Thakur (supra), after extensive analysis
and discussion of the provision of rule157(3)(J) of
the Bihar Boards Miscellaneous Rules 1958 and
Rule 4 (clause 5) of the Bihar State Employees
Service Condition (Assured Career Progression
Scheme) Rules, 2003,conclusively held after
referring to various judgments, viz., Mithilesh
Kumar Sinha v. The State of Bihar [(2006) 1 PLJR
282]; Syed Mozammil Ashraf v. The State of Bihar
[(2007) 1PLJR 438]; Shashi Shekhar Ambasta v. The
State of Bihar [(2011) 3 PLJR 474]; Maheshwar
Prasad Singh v. The State of Bihar [(2000) 4PLJR
262]; Rameshwar Roy v. The State of Bihar[(2017) 2
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PLJR 127]; Daya Shankar Singh v. The State of
Bihar [(2010) 3 PLJR 220] and Md. Shamsuddin vs.
The State of Bihar [1983 PLJR347] that Rule 157(3)
(J) of the Bihar Boards Miscellaneous Rules 1958
makes the passing of the departmental accounts
examination a condition precedent for promotion to
the selection grade, but not for general promotion
and for not passing such exam, the benefits of the
A.C.P. Rules, 2003, also cannot be withheld, unless
there is a departmental rule for promotion. In other
words, the Bench held that passing of departmental
accounts examination is not a condition precedent
for grant of A.C.P. Rules nor does Rule 157(3)(J) of
the Bihar Boards Miscellaneous Rules, 1958
conceive of such a requirement. The same issue is
also been involved in the case of Masomat Indu Devi
v. State of Bihar, reported in (2019) 2 PLJR 241 in
which the learned Single Judge of this Court has
reiterated the same view and held that passing of
accounts examination or departmental examination,
as the case may be, under the Bihar Boards
Miscellaneous Rules, 1958 would be necessary for
crossing efficiency bar, confirmation and for
promotion to selection grade, but not general
promotion. I also find that the provisions of the
Bihar Water Resources Department Field Steno
Typist's Cadre (Recruitment and Service Condition)
Rules, 2014 does not apply in the respondent's case
as respondent's husband superannuated from service
in the year 2011. I do not find any reason to differ
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with the decision passed by co-ordinate benches of
this Court.
8. In the facts and circumstances of the case and
taking into account the law laid down by the
successive Division Benches of this Court as
discussed above, I am of the considered view that the
appellants are not justified in refusing benefits of the
financial progression to the husband of the
respondent on the ground that he did not pass the
account or departmental examination. In view of the
law pronounced by the courts in the similar cases as
discussed above, I do not find any infirmity in the
judgment of the writ court, as such, the instant
appeal, being devoid of merit, is accordingly
dismissed.
9. Consequently, appellants are directed to consider
the case of the respondent's husband for grant of
ACP within eight weeks from the date of
receipt/production of a copy of this order."
This Court has been informed that the aforesaid
judgment rendered in the case of Smt. Jivachi Devi (supra) has
also been upheld by the Hon'ble Apex Court by an order dated
14.02.2022, whereby and whereunder the Special Leave Petition preferred by the State of Bihar bearing SLP (Civil) No. 782 of 2022, has been dismissed.
In such view of the matter, we do not find any infirmity in the impugned judgment dated 07.08.2019, whereby Patna High Court L.P.A No.4 of 2021 dt.11-05-2022 7/7 and whereunder the writ petitioner has been held entitled for consideration for grant of due benefit under the ACP & MACP scheme without passing the departmental examination. Accordingly, the appeal stands dismissed.
(Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/-
AFR/NAFR N/A CAV DATE N/A Uploading Date 17.05.2022 Transmission Date