Simplified Explanation of the Judgment
The Patna High Court delivered an important judgment concerning the grant of the 3rd Modified Assured Career Progression (MACP) to a retired government employee from the Road Construction Department, Muzaffarpur.
The petitioner, a retired Head Assistant, had joined service as a clerk in 1980 and retired in February 2015 after nearly 35 years of service. He had received two regular promotions: first as Head Clerk in 1992 and later as Head Assistant in 2004. By the time of retirement, he had served more than 10 years in the same post, which made him eligible for the 3rd MACP with grade pay of ₹4,800 in Pay Band-2.
However, his claim for the 3rd MACP was denied by the department on the ground that he had not cleared the departmental accounts examination. The petitioner challenged this denial and argued:
- That the MACP Rules, 2010 (effective from 01.01.2009) did not impose any such condition for the grant of MACP.
- That the matter was already settled in an earlier Division Bench decision (Ramadhar Thakur v. State of Bihar, LPA No. 599 of 2015), where the Court held that passing of accounts examination is not a condition precedent for career progression under the ACP Rules.
The State, in its counter-affidavit, reiterated that the petitioner had not passed the departmental accounts examination and therefore was not entitled to the 3rd MACP.
Court’s Findings:
- The High Court referred to the Division Bench ruling in Ramadhar Thakur, which clarified that passing of accounts examination was mandatory only for promotion to selection grade, not for the grant of ACP/MACP.
- The Court also observed that the new MACP Rules, 2010, did not contain any requirement of departmental examination for the purpose of granting MACP.
- Since the State itself did not dispute that the new rules applied, the Court found no justification in denying the benefit to the petitioner.
Accordingly, the Court quashed the rejection letter dated 10.02.2017 and held that the petitioner was entitled to the grant of the 3rd MACP with all consequential financial benefits.
Significance or Implication of the Judgment
- For retired employees: This decision is significant for government employees who retired without being granted MACP benefits. It clarifies that denial on the ground of not passing the accounts examination is invalid under the MACP Rules, 2010.
- For administration: It ensures uniform application of MACP Rules and prevents arbitrary denial of benefits.
- For the public: This judgment highlights the judiciary’s role in protecting employees’ financial rights even after retirement.
Legal Issue(s) Decided and the Court’s Reasoning
- Is passing of departmental accounts examination mandatory for grant of MACP?
❌ No. The Court held that the accounts exam is not a precondition for MACP under the 2010 Rules. - Does long service without promotion entitle an employee to MACP?
✅ Yes. The petitioner had more than 30 years of service with only two promotions, making him eligible for the 3rd MACP. - Was the denial by the department valid?
❌ No. The impugned letter was quashed, and the benefit was directed to be granted with consequential arrears.
Judgments Referred by Parties
- Ramadhar Thakur v. State of Bihar & Ors., LPA No. 599 of 2015, decided on 19.03.2018 (Patna High Court, Division Bench).
Judgments Relied Upon or Cited by Court
- Ramadhar Thakur v. State of Bihar & Ors., LPA No. 599 of 2015 (Division Bench, Patna High Court).
Case Title
Nagendra Paswan v. State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 914 of 2018
Citation(s)
2021(2) PLJR 311
Coram and Judge
Hon’ble Mr. Justice Vikash Jain
Names of Advocates
- For the petitioner: Mr. Raju Giri and Mr. Santosh Kumar Mishra
- For the State: Mr. Balram Kapri, AC to SC 26
- For the Accountant General: Mr. Satyendra Kumar Jha
Link to Judgment
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