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Date : 18-09-2024

1. These cases, with some factual differences, ultimately relate to same prayer of granting pay-scale under Assured Career Progression or Modified Assured Career Progression, which were denied to the petitioners. Therefore, this Court takes up all the writ petitions, captioned above, and proposes to dispose them of in a common judgement, albeit factual differences.

2. Since the facts of each case is different, the same is narrated separately hereinbelow:

3. The petitioner was initially appointed as Class-IV employee in Water Resources Department, Government of Bihar. Subsequently, on 22nd of May, 1981, the petitioner along with 101 persons were promoted to the post of Junior Accounts Clerk. Subsequently, by a government order, the posts of Junior Accounts Clerk were merged with the Sr. Accounts Clerk and they are commonly designated as Accounts Clerk. In 2003, rules relating to Assured Career Progression (A.C.P.) under the name and style of Bihar State Employees Services Conditions Patna High Court CWJC No.20503 of 2021 dt.18-09-2024 (Assured Career Progression Scheme) Rules, 2003 came into force, giving retrospective effect on and from 9th of August, 1999. The petitioner was entitled to 1st A.C.P. on 9th of August, 1999. He retired from service on 30th of June, 2002, attaining the age of superannuation. On 14th of November, 2002, the petitioner was informed by the Respondents that he was not granted the benefit of A.C.P. as he failed in departmental examination. It is also contended by the petitioner that the Finance Department by its notification, dated 25 th of March, 2015, declared that the employees, who were appointed in between 1st of May, 1980 to 27th of September, 1999, as Accounts Clerk, shall be entitled for pay-scale of Rs. 4500- 7000/-. The said benefit was also not granted to the petitioner.

4. So is the instant writ.

5. In the instant case, the petitioner was appointed as a Clerk in the judgeship of Bhagalpur. In 1986, 1994 and 2003, he participated in the departmental examination and passed all the said examinations conducted by the district judiciary of District- Bhagalpur. On 25th of June, 2003, Bihar State Employees Service Conditions (Assured Career Progression Scheme) Rules, 2003 was notified, extending the benefit of 1 st financial Patna High Court CWJC No.20503 of 2021 dt.18-09-2024 progression under A.C.P. Scheme w.e.f. 9th of August, 1999. On 27th of November, 2008, the District and Sessions Judge, Bhagalpur issued an order, extending the benefits of financial progression in favour of the petitioner w.e.f. 14th June, 2008. Further case of the petitioner is that on 14 th of July, 2010, M.A.C.P. Scheme was notified and implemented w.e.f. 1 st of January, 2009 and it was decided under the said scheme that the government employees would get M.A.C.P. in the State of Bihar upon completion of 10, 20 and 30 years of service.

20. Being aggrieved by the said order, the petitioner has filed the instant writ petition.

21. From the pleadings of the parties. The following issues are framed for adjudication of the disputes: -

(i) In C.W.J.C. No. 20503 of 2021 - Whether it is incumbent upon an employee to pass the departmental examination in order to get the benefit of A.C.P.?
(ii) In C.W.J.C. No. 14907 of 2022 - Whether the Bihar State Employees Services Conditions (Assured Career Progression Scheme) Rules, 2003 and subsequently Modified Assured Career Progression Rules, 2010 are applicable in respect of employees of the District Judiciary in the State of Bihar in view of Bihar Civil Courts Staff (Class-III and Class-