Lpa No. 1597 of 2025 · Punjab Arh Chandigarh Njab And Haryana High Court · 2025

erein this Court has held as under: “6. Explicitly, the object of t of framing the Rules of 1998 as well as the Rules of 2008 19 008 was to ensure that no Government servant stagnates w Go s without any financial upgradation for more than 10 years ears unless he has already availed 03 financial upgradations ons in his career. It goes undisputed between the parties t es that these Rules are applicable to the respondents. The ap he appellants have also not disputed the factum of the completi pletion of requisite service tenure by the respondents for grant o ant of 2nd/3rd ACP Scales, as the case may be. The sole objecti jection, as set-forth by the appellants to deny the above ove-said benefit respondents, is that they had no not cleared/passed the MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 025 (O&M) departmental test/exam the post of ‘Kanungo’. However, they (appellants) have no Ho e not denied the fact that some similarly placed ‘Patwaris’ we s s’ were granted ACP Scales by exempting them from clearing/pa g/passing the departmental test.

7.In Amresh Kumar Sinha & ha & Ors (supra), Hon’ble the Supreme Court has relied upon pon the observations made by the Three Judges’ Bench of the A he Apex Court in Union of India & Anr (supra) and has held In eld that “the qualification of graduation was prescribed for the r the promotion to the post of Accounts Officer rather than han for grant of in-situ promotion on the non-functional po l post or for extending the benefit of ACP which was purely an ly and simply in the nature of grant of monetary benefit withou ithout actually effectuating any promotion to any higher post an st and the appellants were ”. to be extended the benefit of ACP”.

8.It is worth-while to men mention here that while answering the reference in Kamlana lanand Thakur versus The State of Bihar and others, 2025(1 Sta 25(1) SLR 695, the Full Bench of Patna High Court has also Be s also relied upon the afore- quoted verdict of the Apex Court urt and has observed as under:- “48. Thus, the questio estions stand answered as follows :- (A.) Rule 157(3)[J] [J] of the Bihar Board’s Miscellaneous Rules, 1958, 58, requiring passing of Departmental Accounts Exam xamination for promotion, is not applicable in case of g of grant of A.C.P. benefits 03; under the A.C.P. Rules, 2003; (B.) Rule 157(3)[J] [J] of the Bihar Board’s Miscellaneous Rules, 1958 is 8 is confined to passing of preliminary examination/fin n/final examination Accounts only for the purp purpose of confirmation, crossing the efficiency ba bar and promotion Selection Grade only and not not for regular promotion; MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 025 (O&M) (C.) Rule 4(5) of the A he A.C.P. Rules, 2003 even though provides that the pr e prescribed requirements and mode of sanction of finan inancial progression under the scheme (A.C.P. scheme) sh e) shall be the same which are prescribed under the Rec Recruitment/Service Rules for regular promotion against ainst vacancies and if the Rules/Resolutions prescribe p ibe passing of Department Examination or any qualific alification for promotion, that shall also be an essential ntial condition for sanction of benefit under the scheme w e will not affect the claim for grant of A.C.P. after comp ompletion of twelve/twenty four years of service for for the reason that such financial progression under der the A.C.P. scheme is only in situ promotion and nd nothing more. This is even notwithstanding any ny such requirement of passing any Departmenta ental Examination acquiring any educationa tional qualification promotion Service/ Recruitment/Promotion Rules. ules.” The above-quoted observation ations, as made by Hon’ble Supreme Court in Amresh Kumar Su mar Sinha & Ors (supra) and by the Full Bench of the P he Patna High Court in Kamlanand Thakur (supra), are f Ka re fully applicable to the instant appeals and in view of these hese observations and also the fact that some ‘Patwaris’, who ho were similarly placed, have been exempted from passin assing the afore-referred exam/test and have been granted the the benefit of ACP Scales, it is held that the respondents-writ writ petitioners cannot be deprived of the benefit of ACP Scal Scales on account of their not having cleared/passed the depar epartmental test/ exam for the post of ‘Kanungo’.

9. As a sequel to the fore-go going discussion and in view of the findings as recorde orded by learned Single Judge(s), we are of the considered o Ju ed opinion that there is no cogent and valid reason/ground nd to interfere with the MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 025 (O&M) impugned judgments. Resultantly, tly, the appeals in hand, being sans any merit, stand dismissed issed accordingly.

10. All the pending miscellan llaneous applications also stand disposed of.”

2. In view o view of above, present appeal stands dis dismissed smutatis mutandis.

3. All pendi l pending applications also stand dispose disposed of accordingly. (SANJE ANJEEV PRAKASH SHARMA) JUDGE DEEPINDER SINGH NALWA) (DEEP JUDGE

26.05.2025 Mohit goyal

1. Whether s 2. Whether r er speaking/reasoned? er reportable? Ye Yes/No Yes/No Ye MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document