Simplified Explanation of the Judgment

The Patna High Court in Civil Writ Jurisdiction Case No. 948 of 2021 delivered an important decision concerning the right of a deceased government employee’s family to receive Assured Career Progression (ACP) benefits, even when the employee had not passed the departmental accounts examination.

The petitioner, the son of a deceased government employee, filed the writ petition seeking release of ACP benefits that were denied to his late father. The father had joined service on 1 April 1970 and passed away while in service on 16 October 2005 as a Correspondence Clerk in the Rural Development Department, Samastipur. The department refused ACP benefits on the ground that the employee had not passed the departmental accounts examination.

Earlier, the petitioner’s mother had approached the Court in CWJC No. 12832 of 2013, but withdrew the petition when it was said that the employee’s service was never confirmed. Later, it was found that his services had indeed been confirmed. Yet, even after confirmation, the authorities continued to deny the financial upgradation benefits under the Bihar State Employees (Assured Career Progression Scheme) Rules, 2003.

The petitioner contended that departmental accounts examination was not a prerequisite for receiving ACP. He relied upon a Division Bench judgment in State of Bihar v. Jivachi Devi (2020), where the Court had held that ACP benefits cannot be withheld merely for not passing such examinations.

Court’s Analysis and Findings

Hon’ble Mr. Justice Mohit Kumar Shah examined the case and agreed that the issue was no longer open to debate. The same legal point had already been settled in several Division Bench rulings, including Jivachi Devi (2020), Bishwanath Prasad (2011), Avinash Chandra Singh (2012), Uday Shankar Prasad (2017), and Ramadhar Thakur (2018).

In Jivachi Devi, the Court clarified the distinction between promotion and financial progression under the ACP scheme:

• Passing the departmental accounts examination is mandatory only for promotion to the selection grade or crossing the efficiency bar.
• However, such passing is not a condition precedent for availing the ACP financial benefits, unless a specific departmental rule explicitly requires it.

The Division Bench in Ramadhar Thakur v. State of Bihar (LPA No. 599 of 2015) had further analyzed Rule 157(3)(J) of the Bihar Boards Miscellaneous Rules, 1958 and concluded that ACP benefits cannot be withheld merely because an employee failed to clear the departmental accounts examination.

Applying these established principles, the High Court in this case held that the deceased employee’s family was entitled to receive ACP benefits. The denial was unjustified and contrary to binding precedents.

Accordingly, the Court directed the authorities to grant the benefits of ACP to the deceased employee from the date they became due and to release all consequential monetary benefits to his legal heirs within eight weeks of receiving the order.

Significance or Implication of the Judgment

This ruling is significant for government employees and their dependents across Bihar. It reinforces that ACP benefits are financial upgradations, not promotions, and cannot be denied simply because the employee did not pass an internal departmental exam.

For the general public and families of deceased employees, it provides hope that legitimate dues of government servants cannot be withheld on technical grounds after decades of service.

For the government departments, it serves as a reminder that ACP is a welfare-oriented scheme intended to reward length of service, not to penalize employees for not clearing departmental exams—unless the service rules specifically make such passing mandatory.

The judgment also reaffirms the importance of uniform interpretation of service rules across departments, avoiding unnecessary litigation and delay in releasing retirement benefits or dues to employees’ families.

Legal Issue(s) Decided and the Court’s Decision

• Issue 1: Whether failure to pass the departmental accounts examination can be a valid reason to deny ACP benefits?
  Decision: No. Passing the departmental accounts examination is not mandatory for grant of ACP benefits.
• Issue 2: Whether the deceased employee’s heirs are entitled to receive ACP dues posthumously?
  Decision: Yes. The legal heirs are entitled to all financial benefits, including ACP, from the date they became due.
• Issue 3: What directions did the Court issue to the government?
  Decision: The respondents were directed to grant ACP benefits to the deceased employee and make full payment of monetary benefits to his legal heirs within eight weeks.

Judgments Referred by Parties

• State of Bihar v. Jivachi Devi, 2020 (2) BLJ 471
• Bishwanath Prasad v. State of Bihar, (2011) 2 PLJR 136
• Avinash Chandra Singh v. State of Bihar, (2012) 1 PLJR 663
• Uday Shankar Prasad v. State of Bihar, (2017) 3 PLJR 824
• Ramadhar Thakur v. State of Bihar, LPA No. 599/2015
• Mithilesh Kumar Sinha v. State of Bihar, (2006) 1 PLJR 282
• Syed Mozammil Ashraf v. State of Bihar, (2007) 1 PLJR 438
• Shashi Shekhar Ambasta v. State of Bihar, (2011) 3 PLJR 474
• Maheshwar Prasad Singh v. State of Bihar, (2000) 4 PLJR 262
• Rameshwar Roy v. State of Bihar, (2017) 2 PLJR 127
• Daya Shankar Singh v. State of Bihar, (2010) 3 PLJR 220
• Md. Shamsuddin v. State of Bihar, 1983 PLJR 347
• Masomat Indu Devi v. State of Bihar, (2019) 2 PLJR 241

Judgments Relied Upon or Cited by Court

• State of Bihar v. Jivachi Devi, 2020 (2) BLJ 471
• Ramadhar Thakur v. State of Bihar, LPA No. 599/2015
• Masomat Indu Devi v. State of Bihar, (2019) 2 PLJR 241

Case Title

Vijay Kumar Mishra v. The State of Bihar & Ors.

Case Number

Civil Writ Jurisdiction Case No. 948 of 2021

Citation(s)

2021(2) PLJR 404

Coram and Names of Judges

Hon’ble Mr. Justice Mohit Kumar Shah

Names of Advocates and who they appeared for

• For the Petitioner: Mr. Kundan Kumar, Advocate
• For the Respondents (State): Mr. Lalit Kishore, Advocate General

Link to Judgment

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