PRAMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the State in both the writ applications. The questions for consideration being common they are being disposed by this common order. The Petitioners holding the post of Accounts Clerk are aggrieved by the order dated 30.8.2011 passed by the Principal Secretary, Department of Finance, Government of Bihar, Patna, declining to give them first A.C.P. in the basic grade pay of Accounts Officer. The petitioners came to the Court earlier, reported in 2011(3) PLJR 474 ( Shashi Shekhar Ambasta and another Vs. The State of Bihar and Ors.). The discussion at para-8 is as follows :-

(2.) LEARNED counsel for the State submits that the order of the Principal Secretary, is well considered and reasoned. The post of Accounts Officer was not a routine avenue of promotion from the post of Accounts Clerk. They were two different cadres. A person who completed ten years as Accounts Clerk becomes eligible to sit in the limited competitive examination. If he passes, it was an appointment on the post of Accounts Officer in another cadre by way of promotion. The limited competitive examination was an open competitive selection. It shall be deemed to be a direct appointment on the post of Accounts Officer. The period of service rendered earlier will not be counted for the purpose of ACP on the promotional post. The promotions under the Bihar Junior Revenue Service Cadre Rules 2004 (hereinafter called the ,,Revenue Rules) are different. No analogy can be drawn from the same. 50% posts are to be filled up by promotion on the recommendation of Departmental Promotion Committee but without any competitive examination.

(3.) THE fact that there is an eligibility requirement for ten years as Accounts clerk before he becomes eligible to sit at the limited competitive examination for promotion to Accounts Officer does not detract from the factual position that it is a promotional avenue. The significance of a separate quota cannot be lost sight of or ignored and it is importance undermined. It may be clarified that an Accounts Clerk cannot lay out a claim for ACP in the basic scale of Accounts Officer till he first fulfils the qualification of ten years of service as an Accounts Clerk. The channel for promotion to Accounts officer opens only thereafter. The order dated 30.8.2011 is set aside. The petitioners are held entitled to be considered for grant of ACP in the basic grade of Accounts officer. The order be complied with within a maximum period of four months. The writ applications are allowed.