Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that passing departmental examinations and service confirmation are not prerequisites for grant of ACP/MACP benefits, which are designed to provide monetary relief against stagnation. Background Facts The employee was appointed on the post of Junior Accounts Clerk by the respondent. Later he passed 'Hindi Noting & Drafting Examination'. He was declared successful in the 1st and 2nd papers of departmental accounts examination vide result dated 24.03.1993. He was granted 1st ACP w.e.f. 01.03.2000 and 2nd MACP w.e.f. 01.09.2008. After completion of 30 years of satisfactory service, he submitted a representation for grant of 3rd MACP, however it was not granted to him. The respondent informed the employee that he did not fully pass the departmental accounts examination. It was mandatory to pass 1st, 2nd and 5th papers for confirmation of service/MACP. Therefore, the employee passed 5th paper of departmental accounts examination. His service was confirmed w.e.f. 01.08.2022. Thereafter, by an office order dated 22.04.2024, the benefit of 1st ACP was shifted to 01.08.2022. Further the benefit of 2nd MACP granted to the employee was also taken away. Aggrieved, the employee filed a writ petition which was allowed and the office orders were set aside. It was further directed to the State to issue formal order of confirmation with respect to his date of joining i.e. 01.03.1988. Further, it was directed to keep intact the benefits of 1st ACP and 2nd MACP already granted to him, and also to extend the benefit of 3rd MACP w.e.f. the date of completion of 30 years of his service. Aggrieved by the same, the State filed the Letters Patent Appeal before the Jharkhand High Court. It was argued by the State that the employee's representation for getting the benefit of 3rd MACP was considered by the Screening Committee. The committee decided that 1st ACP and 2nd MACP granted to the employee was an error because it was granted without confirmation of his service as well as without passing the departmental examination. Therefore, the grant of 1st ACP was modified and shifted from 01.03.2000 to 01.08.2022 and further the grant of 2nd MACP was taken away. It was further submitted that the employee had passed 5th paper of the departmental accounts examination on 31.07.2022. Therefore, his service was confirmed with effect from 01.08.2022. It was further argued that his claim to grant him 3rd MACP by treating his service confirmed from the date of joining and not w.e.f. 01.08.2022, is contrary to the Jharkhand Accounts Clerical Service Cadre (Recruitment, Promotion & Terms of Service) Rules, 2018. On the other hand, it was argued by the employee that passing of the 1st, 2nd and 5th papers of the departmental accounts examination was not a condition precedent to extend the benefits of ACP/MACP. It was submitted that he passed the 5th paper of departmental accounts examination on 31.07.2022 therefore, his service should have been confirmed from the date of his joining. Findings and Observations of the Court It was observed by the Division Bench that the contention of the State that the grant of ACP/MACP of the respondent has been revisited on the ground of his not having passed the departmental accounts examination, was unjustified. The case of Amresh Kumar Singh & Others vs. State of Bihar and Others was relied upon wherein it was held by the Supreme Court that both ACP and MACP Schemes are devised with an object to ensure that the employees who are unable to avail of adequate promotional opportunities, get some relief in the form of financial benefits. They provide for regular financial upgradation on completion of service without promotion. Further the case of Union of India & Another vs. G. Ranjanna & Ors. was relied upon wherein it was held that fulfilment of educational qualifications prescribed under the recruitment rules for the purposes of promotion are not necessary for non-functional in situ promotion. It was further observed by the court that the purpose of grant of ACP/MACP is to provide monetary benefits to the employees due to stagnation in service. The requirements for grant of promotion cannot be the condition precedent to grant of ACP/MACP by which only monetary benefit is extended to an employee in absence of promotional avenues. It was further noted that the employee was appointed in service. He passed the 'Hindi Noting and Drafting examination', the 1st and 2nd papers of departmental accounts examination. Thereafter he was granted benefits of the 1st ACP and 2nd MACP, which was never questioned by the State till the employee filed representation for grant of 3rd MACP on completion of 30 years of his service. It was observed that the State has not been able to show any guidelines applicable ...

Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC

Namdev Singh

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Namdev Singh

Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC

Namdev Singh

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Namdev Singh

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