MALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner joined as clerk on 2/6/1999 in the Office of District School Inspector, Purnea. Vide letter no. 460 dtd. 9/8/2019. He was granted 1st MACP with effect from 31/8/2018 i.e. the date of exemption from passing the Departmental Examination. Immediately, thereafter vide letter no. 733 dtd. 22/10/2019, the date of grant of first MACP was modified to 2/6/2009 i.e. after completion of ten years of service of the petitioner. The petitioner was granted second MACP vide letter no. 98 dtd. 29/1/2021 with effect from 2/6/2019 i.e. after 20 years of the initial date of joining.

(3.) Learned counsel for the petitioner submits that on the objection raised by the District Accounts Officer, the RDDE, Purnea vide letter no. 1100 dtd. 11/10/2022 (Annexure-4) modified the date of first MACP with effect from 31/8/2018 and accordingly second MACP was withdrawn/cancelled. Learned counsel next submits that the Division Bench of this Court in L.P.A. No. 599 of 2015 dtd. 19/3/2018 (Ramadhar Thakur Vs. the State of Bihar and Ors.) has held that passing of Departmental Accounts Examination is not a condition precedent for grant of Assured Career Progression neither under the ACP Rules nor Rule 157(3)(J) of the Bihar Board's Miscellaneous Rules conceives of such requirement.