Simplified Explanation of the Judgment
In this case, the petitioner, a retired government employee from Bihar’s Minor Water Resources Department, approached the Patna High Court challenging the delay in granting his second Assured Career Progression (ACP) benefit. The ACP scheme is designed to provide financial advancement to government employees who have served long durations without promotions.
The petitioner joined service on 25 March 1983. According to the ACP Scheme of 2003, he was entitled to his first ACP after 12 years of service, and the second ACP after 24 years. Based on this, he should have received the second ACP benefit from 25 March 2007. However, the authorities granted it from 2 May 2011, which the petitioner claimed was arbitrary and contrary to the scheme’s provisions.
Previously, the petitioner had approached the High Court in another writ petition (CWJC No. 15700 of 2012), which resulted in directions for the State to grant him the benefit. However, when the benefit was finally given through an order dated 6 November 2013, it was incorrectly made effective from 2 May 2011. This led the petitioner to file the current writ case.
The State’s defense was that the date chosen for granting the benefit (2 May 2011) was based on when the petitioner had completed 12 years from passing a departmental examination in 2001. However, this reasoning was not reflected in the actual order, nor was it consistent with the rules of the ACP Scheme.
The High Court analyzed the 2003 ACP Scheme and found that if an employee had already completed 12 years at the time the scheme became effective and had received the first ACP, the second ACP must be granted upon completing 24 years of total service — not from any later qualification or examination date.
The Court held that the authorities’ decision was unsustainable and unjustified. It directed the department to recalculate and grant the second ACP from 25 March 2007, which marked the completion of 24 years of service, and to provide all consequential monetary benefits within three months.
Significance or Implication of the Judgment
This judgment reinforces the rule that government departments must strictly adhere to the time-bound criteria of promotional schemes like the ACP. It upholds the right of long-serving government employees to receive timely financial benefits based on service duration, not discretionary interpretation or bureaucratic delay.
For other public servants, especially in Bihar, this decision affirms that if they are eligible for ACP benefits based on their years of service, any deviation by the government can be legally challenged. The judgment also sends a clear message that non-compliance with court orders in earlier petitions may result in further legal scrutiny and corrective directions.
Legal Issue(s) Decided and the Court’s Decision
- Issue: Whether the second ACP was wrongly delayed beyond the prescribed 24 years of service.
- Decision: Yes, the petitioner should have received the second ACP from 25 March 2007, not from 2 May 2011.
- Issue: Can the ACP benefit be linked to a departmental exam passed later?
- Decision: No, the scheme mandates ACP based on years of service, not date of exam.
- Issue: Was the authority’s order in compliance with the court’s earlier directive?
- Decision: No, it was arbitrary and not justified by the ACP Scheme.
Judgments Referred by Parties
- ACP Scheme of 2003 (Clause 3(1)(1d)(II))
Judgments Relied Upon or Cited by Court
- None specifically cited beyond scheme provisions.
Case Title
Birendra Kumar vs The State of Bihar & Ors.
Case Number
CWJC No. 12517 of 2014
Citation(s)
2020 (1) PLJR 70
Coram and Names of Judges
Hon’ble Mr. Justice Madhuresh Prasad
Names of Advocates and who they appeared for
- Mr. Rupak Kumar, Advocate for the petitioner
- Mr. Anuj Kumar, Assistant Counsel to Government Pleader XXIV for the State
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMTI1MTcjMjAxNCMxI04=—am1–zeM0sd4hSY=
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