1.Shiv Kant Jha 2.Niraj Kumar Sinha 3.Dharm Raj Tiwari 4.Debashish Sen Gupta 5.Satender Narayan v. …
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.2533 of 2016 1.Shiv Kant Jha 2.Niraj Kumar Sinha 3.Dharm Raj Tiwari 4.Debashish Sen Gupta 5.Satender Narayan Sharma 6.Chandeshwer Prasad 7.Anil Kumar Singh 8.Shahab Anwar 9.Ramchandra Safi 10. Lalan Singh 11.Shanker Kumar Gupta 12.Sanjay Kumar 13. Ganesh Chandra Jha 14.Sanjay Kumar Singh Versus …… Petitioners 1.The State of Jharkhand 2.The Principal Secretary, Drinking Water and Sanitation Department, At Nepal House, P.O. + P.S. Doranda, Dist-Ranchi. 3.The Principal Secretary, Road Construction Department, At Project Building, P.O. and P.S. Dhurwa, Dist-Ranchi. 4. The Principal Secretary, Water Resource Department, At Nepal House, P.O. + P.S. Doranda, Dist-Ranchi. 5.The Finance Commissioner, At Project Building, P.O. and P.S. ……. Respondents Dhurwa, Dist-Ranchi. CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD --------- For the Petitioners For the State ---------- : Mr. Rajendra Krishna, Advocate : Mr. Abhishek Sinha, Advocate : Mr. Ankit Kumar, A.C to G.P-VI ----------- Judgment CAV on:08.01.2024 Pronounced on 15.04.2024 Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioners and Mr. Ankit Kumar, learned A.C to G.P-VI appearing for the State. 1 2. This writ petition has been filed on behalf of the petitioners for the following reliefs:- “(i) For issuance of appropriate Writ/Writs, Order/Orders, Direction/Direction(s) or a writ in the nature of “Mandamus” directing and commanding upon the respondent authorities particularly Respondent no.5 to sanction Pay Scale of Rs.6500- 10500/- for First Assured Career Progression (for brevity ACP) and Pay Scale of Rs.10,000-15,200/- for Second ACP on completion of 12 years and 24 years of services respectively with effect from 09.08.1999 till 31.08.2008 as contained in 5th Pay Revision in the light of Rule 20 of Bihar Accounts Service, Rule 2000 which clearly depicts that appointment by promotion of Accounts Clerk to the post of Accounts Officer comes under the purview of cadre promotion and Rule 2(3) of resolution no.5207 dated 14.08.2002 issued by the State Government of Jharkhand expressly extends entitlement of pay scale of the said promotional post available in the cadre. (ii) For issuance of further writ/order/direction to convert the pay scale of Rs.6500-10500/- and Rs.10,000-15,200/- in Pay Band 2 with grade pay of Rs.4800/- and Pay Band 3 with grade pay of Rs.6600/- correspondingly with effect from 01.01.2006 when pay was revised in the light of recommendation of 6th pay revision committee.” And also for ancillary reliefs. 3. It is submitted that the petitioners were appointed on different dates on the post of Accounts Clerk in the erstwhile State of Bihar and they remained in service till 01.01.1996 and when their pay 2 scale was revised on implementation of recommendation made by 5th Pay Revision Committee along with other Accounts Clerk who were allocated Bihar Cadre after reorganization of State. However, after bifurcation and creation of the new State of Jharkhand they remained in service of the Government of Jharkhand. It is submitted that Government of Bihar had issued notification dated 28.03.2000 in Extraordinary Gazette by which Bihar Accounts Service Rule, 2000 has been notified and the same came into being with effect from 15.04.2000. Hence in the light of the provisions of Section 84 of Bihar Reorganization Act, 2000, the newly framed and notified Bihar Accounts Service Rule, 2000 continued to remain in force in both State of Bihar and Jharkhand. Thereafter Government of Jharkhand introduced ACP Scheme for its employees vide Resolution no.5207 dated 14.08.2002 in the light of the recommendation of Fitment Committee in consonance with the scheme as implemented for the employees of Central Government and as per ACP Scheme, Government Employees have to be given enhancement of two stages of upper pay scales at the interval of 12 years and 24 years if no regular cadre promotion is accorded. 4. It is submitted that benefit of ACP Scheme has not been given to the petitioners by ignoring the Bihar Accounts Service Rules, 2000, although post of higher rank in the cadre namely Accounts Officer with pay scale of Rs.6500-10500/- and Senior Accounts Officer with pay scale of Rs.10,000 to 15,200/- have been provided with. It is submitted that Government of Bihar has introduced and implemented ACP Scheme in the year 2003 in the light of Bihar Accounts Service Rule, 2000 but Accounts Clerks of Bihar cadre were also denied the benefit of ACP by not providing with the pay scale of basic grade of Bihar Accounts Service in the 3 same manner as that of the Accounts Clerk allocated to the Jharkhand Cadre. Thereafter Accounts Clerks of the State of Bihar had filed two writ petitions bearing CWJC No.18015 of 2011 and CWJC No.16346 of 2011 which were allowed on 16.02.2012 by the Hon’ble Patna High Court by which it has been held that the Accounts Clerks are entitled to be considered for grant of ACP in the basic grade of Accounts Officer. It is further submitted that State of Bihar had preferred LPA No.1260 of 2012 before Hon’ble Patna High Court which was disposed of on 20.04.2015 by which the order dated 16.02.2012 passed in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 have been upheld. Thereafter the Government of Bihar moved before Hon’ble Supreme Court against the said order dated 20.04.2015 by filing SLP No.21329 of 2015 which was dismissed on 07.12.2015. Thereafter the State of Bihar had issued resolution dated 08.01.2016 by which Accounts Clerks having B.A. Degree have been allowed benefit of 1st ACP with effect from 28.03.2000 in pay scale of basic grade post of Bihar Accounts Service of Rs.6500-10,500 and 2nd ACP in the pay scale of Rs.10,000-15,200 and photo copy of the resolution dated 08.01.2016 has been enclosed as Annexure-6. However, petitioners have been deprived of their genuine financial benefits, although their counter parts in Bihar have availed the benefit of 1st ACP and 2nd ACP with effect from 28.03.2000 and as such the petitioners may be given the benefits of 1st ACP and 2nd ACP in the light of the order passed by
Legal Reasoning
Hon’ble Patna High Court in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 vide order dated 16.02.2012 and LPA No.1260 of 2012 on 20.04.2015. 4 5. It has been submitted that notification dated 15.04.2000 has been issued by the State of Bihar in terms of Article 309 (2) of the Constitution of India in the erstwhile State of Bihar and the same is also applicable in the case of petitioners also who are in the cadre of State of Jharkhand. It is submitted that Rule 17(3) as defined under Chapter-V of the Gazette dated 15.04.2000 clearly prescribes that the employees will be given the benefit of promotion under original basic grade. It is submitted that higher post of promotion will be Accounts Officer and thereafter the higher post of promotion is Senior Accounts Officer. It is submitted that the said notification dated 28.03.2000 has been issued considering the stagnancy in the service conditions of the employees. It is further submitted that no action has been taken by the respondent authorities even after filing of representations on 27.01.2016, 12.03.2016 and 07.04.2016 and hence this writ petition may be allowed. 6. On the other hand, learned counsel for the State has submitted that petitioners are not entitled to the reliefs. It is submitted that the prayer made by the writ petitioners are not tenable in view of the State Government’s decision and the Department of Finance has issued Resolution No.3594 dated 18.12.2007 making it clear that those services which do not have their own service rules or there is no hierarchy of posts in the service rules but only some percentage of posts of State Services/Cadre are earmarked for their promotion and in such cases the posts of State services cannot be construed to be the hierarchical post for the purposes of grant of benefit of ACP which has been enclosed as Annexure-A to the counter affidavit dated 15.12.2016. It is further submitted that the posts of Accounts Clerk do not have their own service rules during the period of 5 consideration of ACP and only some percentage of Class-II posts of Bihar Accounts Service are to be filled up by the Accounts Clerks through limited examination, so the benefit of ACP cannot be allowed to the petitioners on promotional posts. 7. It is further submitted that even as per Resolution No.5207 dated 14.08.2002, the petitioners are not entitled to the scheme of ACP. It is further submitted that Memo No.163 dated 08.01.2016 has been issued by the State of Bihar and hence in the light of Bihar Reorganization Act, 2000, after 15.11.2000, the rule made by the State of Bihar is not applicable to the employees of the State of Jharkhand. It is further submitted that even according to own case of the petitioners, only some percentage of posts of State Accounts Service are to be appointed by promotion through limited examination. It is submitted that the judgment passed in C.W.J.C No.18015 of 2011 and C.W.J.C No.16346 of 2011 passed by Hon’ble Patna High Court is not binding in the State of Jharkhand and the petitioners cannot take the advantage of the same. It is submitted that the State of Jharkhand is always at liberty to frame its own Rules and policies after bifurcation of State of Bihar and newly created State of Jharkhand can frame its own Rule and policies and hence the petitioners cannot take the benefit of ACP Scheme as has been provided to the Accounts Clerk of the State of
Decision
Bihar and hence the writ petition may be dismissed. 8. It reveals that all the 14 writ petitioners are the Accounts Clerks having posted in different offices as U.D.C (Accounts) in the office of Superintending Engineer, Executive Engineer respectively, except petitioner no.12 who is posted as Senior Accounts Clerk in the office of Executive Engineer, DWS Division, Latehar. 6 9. Although the petitioners have not disclosed as to when they were appointed in the State Services and as to when they had filed their respective representations before the authorities concerned for grant of benefit of 1st ACP and 2nd ACP in higher pay scale of Rs.6500-10,500 and Rs.10,000-15,200. However, it appears from Annexure-7 series that a representation was made by the Jharkhand State Non-Gazetted Employees Union, Ranchi and petitioner no.3 namely Dharm Raj Tiwari is the Chief Patron who has filed representations in the capacity of Chief Patron before the Principal Secretary, Finance Department, Jharkhand, Ranchi for grant of benefit of ACP in pay scale of higher post as the Employees have already completed more than 12/24 years of services with effect from 28.03.2000 and also in the light of Order dated 16.02.2012 passed by Hon’ble Patna High Court in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 and in LPA No.1260 of 2012 vide order dated 20.04.2015. 10. It transpires that the Accounts Clerk of the State of Bihar had filed CWJC No.18015 of 2011 and CWJC No.16346 of 2011 which were allowed vide order dated 16.02.2012 by Hon’ble Patna High Court as mentioned above by directing the State Government to grant the benefit of ACP to the petitioners of said case. 11. At this stage, it is relevant to refer relevant portion of the order dated 16.02.2012 passed in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 by Hon’ble Patna High Court which reads as follows:- “…………………………………………………………………… ………………………………………………………………………. Learned counsel for the State submits that the order of the Principal Secretary, is well considered and reasoned. The post of Accounts Officer was not a routine avenue of promotion from the post of Accounts Clerk. They were two different cadres. A person who completed ten years as 7 Accounts Clerk becomes eligible to sit in the limited competitive examination. If he passes, it was an appointment on the post of Accounts Officer in another cadre by way of promotion. The limited competitive examination was an open competitive selection. It shall be deemed to be a direct appointment on the post of Accounts Officer. The period of service rendered earlier will not be counted for the purpose of ACP on the promotional post. The promotions under the Bihar Junior Revenue Service Cadre Rules 2004 (hereinafter called the „Revenue Rules‟) are different. No analogy can be drawn from the same, 50% posts are to be filled up by promotion on the recommendation of Departmental Promotion Committee but without any competitive examination. Learned counsel for the petitioners submitted that all aspects have been considered at para-8 of the earlier judgment. The post of Accounts Officer is the next promotion avenue for Accounts Clerk. There is a 25% quota reserved for promotion of Accounts Clerk. On the earlier occasion it was noticed that grant of ACP was an anti-stagnation measure for those who may not have avenues for promotion or failed to pass the examination and secure promotion. To put a substantive promotion to the post of Accounts Officer and for obtaining an ACP at par by requiring passing of the limited competitive examination for both purposes may prove counter productive to the entire scheme of ACP. The amendment made on 21.8.2008 contains no rider as suggested by the respondents. The distinction sought to be made in the impugned order with regard to grant of ACP under the Revenue Rules in the basis grade of Anchal Inspector-cum- Kanoongo to those holding the post of Revenue Karamchari does not appeal to the Court. The post of Anchal Inspector- cum-Kanoongo is also a promotional avenue outside the cadre for 50% quota reserved for Revenue Karamchari. The examination for confirmation on the post of Revenue Karamchari whereafter the candidate may become eligible for the higher post is similar to the ten years requirement to be fulfilled by Accounts Clerk before he can sit for the limited competitive examination. The promotion as Anchal Inspector-cum-Kanoongo is not routine and as a matter of course. It is dependent upon selection to be made by the selection committee. Rejection is inherent in the procedure. A person not selected by the Departmental Promotion Committee and one who fails to clear an examination for promotion, constitute one category for purposes of grant of 8 ACP. The distinction urged between consideration by the committee under the Revenue Rules and an examination to be passed by the petitioners is not germane and frivolous in nature. The fact that there is an eligibility requirement for ten years as Accounts Clerk before he becomes eligible to sit at the limited competitive examination for promotion to Accounts Officer does not detract from the factual position that it is a promotional avenue. The significance of a separate quota cannot be lost sight of or ignored and it is importance undermined. It may be clarified that an Accounts Clerk cannot lay out a claim for ACP in the basic scale of Accounts Officer till he first fulfills the qualification of ten years of service as an Accounts Clerk. The channel for promotion to Accounts officer opens only thereafter. The order dted 30.8.2011 is set aside. The petitioners are held entitled to be considered for grant of ACP in the basic grade of Accounts officer. The order be complied with within a maximum period of four months. The writ application are allowed.” 12. Thereafter the State of Bihar had preferred L.P.A No.1260 of 2012 by challenging the order dated 16.02.2012 passed in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 by Hon’ble Patna High Court which was dismissed vide judgment dated 20.04.2015 and paragraph 3 to 5 of the said judgment read as follows:- the “Para-3:- Having heard learned counsels and considered the matter, in our view, the appeal merits no consideration. As noticed above, there were only two grounds for rejecting the claim of the writ petitioner. The first was that he had received an upgradation of pay scale in the year, 1999 and, as such, the 12 years period would be counted from 1999 and not 1992 when he was initially appointed. On the fact of it though the submission may be attracted, on facts, it is misconceived. What was done in 1999 was the writ petitioner was held entitled to the upgraded pay scale right from the time of his appointment in 1992. It was not an upgradation of pay scale in course of his appointment and subsequent to his appointment. He was paid the arrears from the time of his appointment upto the date of order. Therefore, he was receiving the upgraded pay scale from the date of appointment continuously and there was no upgradation in midstream. Thus, this ground, as 9 urged by the State, is misconceived. The second ground was that petitioner not having qualified or not having taken the limited competitive examination for promotion, he could not be given the promotional grade of pay of Accounts Officer which was the next pay scale. This is equally misconceived. Had he taken those limited examinations and passed, he would be entitled to promotion. There is a distinction is a personal between promotion and ACP. ACP enhancement of pay scale to overcome stagnation. What is given is the next higher pay scale on completion of the period specified. It is not a promotion for if promotion is to be granted then he would get the promotional post as well which is not the case under ACP. Therefore, to say that as he had not taken the competitive examination for promotion, he would be disentitled to get ACP is not only misconceived but to us it appears to be a mala fide ground to deny ACP. ACP Rules do not stipulate passing of promotional examination because if a person passes the promotional examination then he would be promoted as such. There is a and distinction promotional examination. There is no dispute that the writ petitioner had cleared the departmental examination. Para-4:- Thus, in our view, the denial of the first ACP to the writ petitioner was clearly illegal and without jurisdiction. While affirming the order of the learned Single Judge, we would only add that the benefits of the first ACP, which became due to the writ petitioner in the year 2004 which he has since been denied, be given forthwith not later than two months from today, the responsibility of which shall be on the Principal of Finance, Secretary, Department Government of Bihar, Patna. Para-5:- that any subsequent to mention amendment to the Rules would not affect the right which had accrued to the writ petitioner.” departmental examination Needless between 13. At this stage, it will be relevant to discuss certain provisions of notification dated 28.03.2000 published by the Government of Bihar in Bihar Gazette framing rules under Article 309 of the Constitution of India and Rule-2(8) stipulates that subordinate services means Subordinate Staffs of third cadre (Class-III) working in Treasury, General Provident Fund, Cell and other departments and Clause-3 prescribes three branches of the cadre, namely, Treasury, Provident Fund and Accounts. Rule 6 under 10 Chapter-II relates to appointment in three different categories, Rule-9 relates to appointment by option, Rule 11 relates to direct recruitment by the Commission whereas Rule-17 under Chapter-V prescribes recruitment by promotion, which reads as follows:- ^^17- izksUufr }kjk HkrhZ %& …1‰ bl lsok dh ewy dksfV …csfld xzsM‰ ls fHkUu lHkh in …vk;qDr ,oa fof’k"V fu.kZ; }kjk vkUrfjd foRrh; lykgdkj ds fu/kkZfjr inksa dks NksM+dj‰ bl lsok dh ewy dksfV ds lnL;ksa dks izksUufr nsdj Hkjs tk,xsaA …2‰ vuqlwph&1 esa lwphxr laoxksZa esa ls gh bl lsok dh ewy dksfV …csfld xzsM‰ esa izksUufr nh tk,xhA …3‰ vuqlwph&1 esa lwphxr laoxksZa ds vuqlfpoh; deZpkfj;ksa dks lsok dh ewy dksfV …csfld xzsM‰ esa izksUufr nsus gsrq vk;ksx }kjk lapkfyr lhfer izfr;ksfxrk ijh{kk dks vk/kkj ekuk tk,xk rFkk lEcfU/kr fjfDr;k¡ blh vk/kkj ij Hkjh tk;xhA …4‰ mEehnokjksa dks lsok dh ewy dksfV esa ewy dksfV esa izksUufr ds fy, vuqlwph 1 esa nh xbZ vgZrk izkIr djuk vfuok;Z gksxkA** 14. From perusal of Annexure-1 i.e. Notification dated 28.03.2000 published in the extraordinary Gazette of Bihar Government on 15.04.2000, it appears that there are four categories for promotion by way of recruitment which are as follows: “17. Recruitment by promotion:- (1) All other posts (except the posts earmarked by the Commissioner & specific order for Internal Financial Advisor) than basic category (basic grade) of this service shall be filled up by promotion from the members of basic category. (2) The promotion shall be given in basic category (basic grade) of this service only out of listed cadres in Schedule-I. (3) The promotion in basic category (basic grade) of services of ministerial employees of listed cadres of schedule-I shall be made on the basis of limited competitive exam conducted by the Commission and the related vacancies shall be filled up on this basis. (4) It shall be mandatory for the candidates to obtain eligibility for promotion in basic grade of the service as mentioned in Schedule-I.” 11 15. Schedule-I of the said notification dated 28.03.2000 clearly shows that as per Clause-17(2) person who are to be recruited in Bihar Accounts Service by way of promotion is as follows: Schedule-I “ 1.The posts from which appointment in Bihar Accounts Service may be made on promotion: Appointment in basic category of Bihar Accounts Service through Limited Competitive Exam shall be made on promotion from the following posts- 1. The Ministerial employees working in Treasuries and Provident Fund Cells and employees of other departments of Accounts Cadre who have minimum 10 years of regular service. The minimum education qualification for appointment of Accounts staff/employees working in Treasury, Provident Fund and other offices against the posts of basic category of service shall be Graduation.” 16. Rule 20 prescribes for recruitment by promotion whereas Rule 21 prescribes recruitment by limited competitive examination for fulfilling vacant posts. 17. It appears that in all promotional posts there will be limited vacancy and the persons who have passed examination by limited departmental examination will be entitled to promotion automatically with the pay scale whereas the other persons who may not have been promoted in the limited examination but their cases have to be considered also for grant of benefit of pay scale of higher posts in terms of Rule 17 as defined under Chapter-V of Notification dated 28.03.2000 after fulfilling certain criteria and eligibility as fixed by the State Government. 18. Thus it is evident that the persons who have passed examination for promotion either by way of limited examination will be promoted in due course and they will not be entitled to the benefits of 1st ACP and 2nd ACP and the scheme of ACP has been carved out only to the benefit for those employees who have not been able to pass the departmental examination or limited 12 competitive examination or have not been promoted but they have fulfilled the conditions which are to the effect that they must be a Graduate and they must have completed minimum 10 years of service in the cadre so that they may also get the benefit of pay scale of the higher posts after certain period of time in order to remove the stagnancy in their basic grade. 19. In the present case also the petitioners are claiming ACP by virtue of completing their 12 years of respective services and having a Graduate degree. 20. It is fallacy on the part of the State of Jharkhand to contend that the benefit of grant of ACP will not be applicable to the employees of the State of Jharkhand as has been given to the Accounts Clerk of the State of Bihar although the Gazette Notification dated 28.03.2000 was applicable to both of employees of erstwhile State of Bihar and even after bifurcation, the Gazette Notification dated 28.03.2000 which was published in the Gazette on 15.04.2000 as they were also the employees of State of Bihar and which was also adopted by the Government of Jharkhand vide Notification No.3/M-6 (Promotion)-02/2002/5207 Finance dated 14.08.2002, Government of Jharkhand, Finance Department by which it has been decided that the State Employees who have not been given the benefit of cadre promotion will be entitled to grant of 1st ACP and 2nd ACP as per Schedule-I after satisfactorily completion of 12-24 years of service and this has been enclosed as Annexure-2. Clause-2 (iii) of said scheme dated 14.08.2002 (i.e. Annexue- 2) prescribes that this ACP will be applicable to the concerned employee of his cadre on the fixed promotional post and for which Resolution No.660/Fin(2) dated 08.02.1999 issued by the Finance Department shall be relevant. It has also been prescribed that 13 where the posts of promotion are not fixed or where the posts are earmarked in the cadre for less than two post for promotion, then they will be given benefit of ACP in Higher Pay Scales as per Schedule-I. 21. Even Clause-3(iii) of Resolution dated 18.12.2007 issued by the Finance Department, Government of Jharkhand as contained in Annexure-A of the counter affidavit stipulates the same fact. 22. It is well settled that once similarly situated person has been granted relief by one High Court then the person similarly situated to him may also be granted the same relief. 23. It has been held by Hon’ble Supreme Court in the case Union of India and Ors. vs. M.V. Mohanan Nair reported in (2020) 5 SCC 421 at paragraph 48 as follows: the i.e. territory of India “Para-48:- Article 141 of the Constitution of India provides that the law declared by the Supreme Court shall be binding on all courts within the pronouncement of the law on the point shall operate as a binding precedent on all courts within India. Law declared by the Supreme Court has to be essentially understood as a principle laid down by the court and it is this principle which has the effect of a precedent. A principle as understood from the word itself is a proposition which can only be delivered after examination of the matter on merits. It can never be in a summary manner, much less be rendered in a decision delivered on technical grounds, without entering into the merits at all. A decision, unaccompanied by reasons can never be said to be a law declared by the Supreme Court though it will bind the parties inter se in drawing the curtain on the litigation. In Union of India v. All India Services Pensioners' Assn. [Union of India v. All India Services Pensioners' Assn., (1988) 2 SCC 580 : 1988 SCC (L&S) 651] , the Supreme Court held that (SCC p. 585, para 6) “when reasons were made by the Supreme Court for dismissing the SLP, the decision becomes one which attracts Article 141 of the Constitution which provides that the law declared by the Supreme Court shall be binding on all the courts within the territory of India.” 14 24. It has been held in the case of Amaresh Kumar Singh & Ors. vs. State of Bihar and Others reported in 2023 SCC OnLine 496 (S.C) at paragraph 12 to 15 and 19 as follows:- “Para-12:- It may be worth noting that the ACP scheme was enforced on the recommendation of the Fifth Central Pay Commission in context with Group C and D employees and it provided monetary benefit to the employees on completion of 12 years and 24 years of regular service who were not able to get promotion. The scheme as such was anti-stagnation and envisages merely placement of the employees in the higher pay scale for the grant of financial upgradation only without grant of actual promotion. The benefit of the ACP as such is like granting non-functional in situ promotion. Para-13:- At the cost of repetition, it must be borne in mind that the object of ACP is to avoid stagnation where no promotional avenues are available. The grant of ACP is not technically a grant of promotion but increase in the pay scale to the next higher grade retaining the employee on the post held by him. This is only to accord monetary benefit without disturbing any seniority or actually effectuating promotion to any higher post to avoid stagnation on a particular post or pay scale for a very long period. Para-14:- The object and purpose of ACP/MACP Scheme has been reiterated by this Court in Union of India v. C.R. Madhava Murthy, (2022) 6 SCC 183, as one to relieve the frustration on account of stagnation and it does not involve actual grant of promotional post but merely monetary benefits in the form of next higher grade subject to fulfilment of qualifications and eligibility criteria. Para-15:- In sum and substance, both ACP and MACP Schemes are schemes devised with the object of ensuring that the employees who are unable to avail of adequate promotional opportunities, get some relief in the form of financial benefits. Accordingly, the schemes provide for regular financial upgradation on completion of 12-24 years and 10-20-30 years of service without promotion. They are incentive schemes for the employees who complete a particular period of service but without getting promotion for lack of promotional avenues. The effect of 15 the schemes must be judged keeping in view the object and the purport of the scheme. the fact that Para-19:- In view of the aforesaid legal position coupled the qualification of graduation with prescribed is for the promotion to the post of Accounts Officer rather than for the grant of in situ promotion on the non-functional post or for extending the benefit of ACP which is purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post, we are of the opinion that the judgment and order of the Division Bench of the High Court impugned in the appeals cannot be sustained. It is accordingly hereby set aside and that the judgment of the writ court dated 28.11.2017 is restored. The appellants are extended the benefit of ACP, as directed by the writ court.” 25. It has been stated in the writ petition that all the writ petitioners were appointed on different dates and had remained in service till 01.01.1996 when their pay scale was revised on implementation of recommendation made by 5th Pay Revision Committee along with other Accounts Clerk who were allocated Bihar Cadre after reorganization of the State. However, in the counter affidavit filed on behalf of the respondent no.5 dated 09.12.2016 the above averments have not been denied that the petitioners were not employees of the erstwhile State of Bihar. They have simply stated that Memo No.136 dated 08.01.2016 has been issued by the State of Bihar and hence the same is not applicable in the light of Bihar Reorganization Act, 2000 i.e. after 15.11.2000. 26. Even from perusal of Resolution No.18.12.2007 as contained in Annexure-A of the counter affidavit (respondent no.5) it would appear that Clause-3(iii) stipulates that such posts/group posts for which recruitment and service condition rule have not been framed or channel of promotion have not been defined under the framed 16 rules but some percentage of posts of State service/cadre are earmarked for their promotion/recruitment, such cases/instances shall not be treated as the post of promotion for grant of ACP by special condition. But the decision of the State Government with regard to grant of pay scale under the scheme of ACP shall remain continued. Circular dated 14.08.2002 (Annexure-B of the said counter affidavit) reveals that such State employees who have not been given the benefit of cadre promotion shall be entitled to get 1st and 2nd ACP as per Schedule-I on completion of satisfactory services of 12/24 years and it will be admissible after completing 12/24 years of services by appointment through direct recruitment. 27. Thus, it appears that the State of Jharkhand has also adopted the Gazette Notification dated 28.03.2000 published on 15.04.2000 by the Government of Bihar and hence denial of the same to the petitioners is not proper. 28. It is further evident that order dated 16.02.2012 passed by Hon’ble Patna High Court in CWJC No.18015 of 2011 and CWJC No.16346 of 2011 and order dated 20.04.2015 passed in LPA No.1260 of 2012 have also been affirmed by the Hon’ble Supreme Court and which has attained its finality and hence the petitioners will be entitled for the same treatment as has been provided to the Accounts Clerk of the State of Bihar. 29. Under the circumstances and in view of the law laid down by the Hon’ble Supreme Court and the Hon’ble Patna High Court, this Court is of the view that the present writ petitioners are also entitled to grant of benefits of pay scales of 1st ACP and 2nd ACP on completion of 12 and 24 years of services respectively as has been granted to the Employees of Accounts Clerk of the State of Bihar in the light of Order dated 16.02.2012 passed in CWJC 17 No.18015 of 211 by Hon’ble Patna High Court and which was affirmed in L.P.A. No.1260 of 2012 on 20.04.2015 by the Division Bench of the Patna High Court and which was also affirmed by Hon’ble Supreme Court when S.L.P No.21329 of 2015 was dismissed on 07.12.2015 which was preferred by the State of Bihar and further the petitioners are also similarly situated to those employees of Accounts Clerk of State of Bihar as has been discussed above. 30. Thus, Writ Petition No.2533 of 2016 is allowed. (Sanjay Prasad, J.) Saket/- NAFR 18