SHASHI SHEKHAR AMBASTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the learned Counsel for the State in both the writ applications.

(2.) The petitioners were appointed as Accounts Clerk in the Road Construction Department. There is no next promotional post within that cadre. Consequently, they have been granted the next higher pay scale in their own cadre of Rs. 5,000- 8,000/- as 1st Assured Career Progression (hereinafter referred to as 'ACP'). The contention on their behalf is that the post of Accounts Officer under the Bihar Accounts Service Rules, 2000, is the next promotional post for them which forms a different cadre and against which 25% vacancies are reserved for promotion of Accounts Clerk, subject to their passing the limited competitive examination. Therefore, they are entitled to the basic pay scale of the post of Accounts Officer as a part of their 1st ACP.

(3.) Learned Counsel for the petitioner strenuously relied upon the amended notification to the ACP Scheme published on 28.1.2008 amending Rule 3(2) of the ACP Scheme, 2003. He submits that the amendment in no uncertain terms states that if there was a provision for promotion from one cadre to another, they are entitled to the basic pay scale of the next higher promotional cadre post. It is submitted that the grant of ACP is not a promotion, but only an anti-stagnation measure. If the petitioners do not clear the limited competitive examination they do not get promotion to the post of Accounts Officer but shall remain in the cadre of Accounts Clerk in their own scale alongwith the benefit of ACP only. To urge that the benefit of ACP cannot be given to them unless and until they clear the limited competitive examination is defeating the very purpose for grant of ACP. If they clear the examination they are entitled to substantive promotion as Accounts Officer and the question of grant of basic minimum pay scale of the same does not arise.