LPA-1597-2025 109-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT STATE OF HARYANA AND OTHERS KRISHNA CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. Vivek Chauhan for the appellants. SANJEEV PRAKASH SHARMA, J.(Oral) 1. Learned counsel for the appellants fairly admits that the issue has been decided by this Court in Haryana and others vs. Parmanand and others’ wherein this Court has held as under: 1998 as well as the Rules of 2008 was to ensure that no Government servant stagnates without any financial upgradation for more than 10 years unless he has already availed 03 financial upgradations in his care undisputed between the parties that these Rules are applicable to the respondents. The appellants have also not disputed the factum of the completion of requisite service tenure by the respondents for grant of 2nd/3rd ACP Scales, as the case ma appellants to deny the above respondents, is that they had not cleared/pa 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH STATE OF HARYANA AND OTHERS Vs. **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA **** Mr. Vivek Chauhan, Addl. A.G., Haryana for the appellants. **** SANJEEV PRAKASH SHARMA, J.(Oral) Learned counsel for the appellants fairly admits that the issue has been decided by this Court in LPA No.1865 of 2015 titled as ‘State of Haryana and others vs. Parmanand and others’ wherein this Court has held as under: “6. Explicitly, the object of framing the Rules of 1998 as well as the Rules of 2008 was to ensure that no Government servant stagnates without any financial upgradation for more than 10 years unless he has already availed 03 financial upgradations in his care undisputed between the parties that these Rules are applicable to the respondents. The appellants have also not disputed the factum of the completion of requisite service tenure by the respondents for grant of 2nd/3rd ACP Scales, as the case may be. The sole objection, as set appellants to deny the above respondents, is that they had not cleared/pa IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1597-2025 (O&M) Date of Decision: 26.05.2025 . . . . Appellants . . . . Respondent HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA DEEPINDER SINGH NALWA , Addl. A.G., Haryana SANJEEV PRAKASH SHARMA, J.(Oral) Learned counsel for the appellants fairly admits that the issue has been LPA No.1865 of 2015 titled as ‘State of Haryana and others vs. Parmanand and others’, decided on 05.03.2025, Explicitly, the object of framing the Rules of 1998 as well as the Rules of 2008 was to ensure that no Government servant stagnates without any financial upgradation for more than 10 years unless he has already availed 03 financial upgradations in his career. It goes undisputed between the parties that these Rules are applicable to the respondents. The appellants have also not disputed the factum of the completion of requisite service tenure by the respondents for grant of 2nd/3rd ACP Scales, y be. The sole objection, as set-forth by the appellants to deny the above-said benefit to the respondents, is that they had not cleared/passed the (O&M) .2025 s . . . Respondent Learned counsel for the appellants fairly admits that the issue has been LPA No.1865 of 2015 titled as ‘State of , decided on 05.03.2025, MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 departmental test/exam However, they (appellants) have not denied the fact that s by exempting them from clearing/passing the departmental test. the Supreme Court has relied upon the observations made by the Three Judges’ Bench of the Apex Court in India & Anr (supra) of graduation was prescribed for the promotion to the post of Accounts Offic promotion on the non benefit of ACP which was purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post and the appel to be extended the benefit of ACP”. answering the reference in State of Bihar and others, 2025(1) SLR 695 Bench of Patna High Court has also relied upon the afo quoted verdict of the Apex Court and has observed as under: 2025 (O&M) departmental test/exam for the post of ‘Kanungo’. However, they (appellants) have not denied the fact that some similarly placed ‘Patwaris’ were granted ACP Scales by exempting them from clearing/passing the departmental test. 7.In Amresh Kumar Sinha & Ors (supra) the Supreme Court has relied upon the observations made by the Three Judges’ Bench of the Apex Court in India & Anr (supra) and has held that “the qualification of graduation was prescribed for the promotion to the post of Accounts Officer rather than for grant of in promotion on the non-functional post or for extending the benefit of ACP which was purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post and the appel to be extended the benefit of ACP”. 8.It is worth-while to mention here that while answering the reference in Kamlanand Thakur versus The State of Bihar and others, 2025(1) SLR 695 Bench of Patna High Court has also relied upon the afo quoted verdict of the Apex Court and has observed as under:- “48. Thus, the questions stand answered as follows :- (A.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules, 1958, requiring passing of Departmental Accounts Examination for promotion, is not applicable in case of grant of A.C.P. benefits under the A.C.P. Rules, 2003; (B.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules, 1958 is confined to passing of preliminary examination/final examination in Accounts only for the purpose of c crossing the efficiency bar and promotion to Selection Grade only and not for regular promotion; for the post of ‘Kanungo’. However, they (appellants) have not denied the fact that ome similarly placed ‘Patwaris’ were granted ACP Scales by exempting them from clearing/passing the departmental Amresh Kumar Sinha & Ors (supra), Hon’ble the Supreme Court has relied upon the observations made by the Three Judges’ Bench of the Apex Court in Union of and has held that “the qualification of graduation was prescribed for the promotion to the post er rather than for grant of in-situ functional post or for extending the benefit of ACP which was purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post and the appellants were to be extended the benefit of ACP”. while to mention here that while Kamlanand Thakur versus The State of Bihar and others, 2025(1) SLR 695, the Full Bench of Patna High Court has also relied upon the afore- quoted verdict of the Apex Court and has observed as “48. Thus, the questions stand answered as (A.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules, 1958, requiring passing of Departmental Accounts Examination for promotion, is not applicable in case of grant of A.C.P. benefits under the A.C.P. Rules, 2003; (B.) Rule 157(3)[J] of the Bihar Board’s Miscellaneous Rules, 1958 is confined to passing of preliminary examination/final examination in Accounts only for the purpose of confirmation, crossing the efficiency bar and promotion to Selection Grade only and not for regular promotion; MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 Supreme Court in and by the Full Bench of the Patna High Court in Kamlanand Thakur (supra) instant appeals and in view of these observations and also the fact that have been exempted from passing the afore exam/test and have been granted the benefit of ACP Scales, it is held that the respondents deprived of the benefit of ACP Scales on a not having cleared/passed the departmental test/ exam for the post of ‘Kanungo’. view of the findings as recorded by learned Single Judge(s), we are of the considered opinion that there is cogent and valid reason/ground to interfere with the 2025 (O&M) (C.) Rule 4(5) of the A.C.P. Rules, 2003 even though provides that the prescribed requirements and mode of sanction of financial progression under the scheme (A.C.P. scheme) shall be the same which are prescribed under the Recruitment/Service Rules for regular promotion against vacancies and if the Rules/Resolutions prescribe passing of Department Examination or any qualification for promotion, that shall also be an essential condition for sanction of benefit under the scheme will not affect the claim for grant of A.C.P. after completion of twelve/twenty four years of service for the reason that such financial progression under the A.C.P. scheme is only in situ promotion and nothing more. This is even notwithstanding any such requirement of passing any Departmental Examination or acquiring any educational qualification for promotion under the Service/ Recruitment/Promotion Rules.” The above-quoted observations, as made by Hon’ble Supreme Court in Amresh Kumar Sinha & Ors (supra) and by the Full Bench of the Patna High Court in Kamlanand Thakur (supra), are fully applicable to the instant appeals and in view of these observations and also the fact that some ‘Patwaris’, who were similarly placed, have been exempted from passing the afore exam/test and have been granted the benefit of ACP Scales, it is held that the respondents-writ petitioners cannot be deprived of the benefit of ACP Scales on a not having cleared/passed the departmental test/ exam for the post of ‘Kanungo’. 9. As a sequel to the fore-going discussion and in view of the findings as recorded by learned Single Judge(s), we are of the considered opinion that there is cogent and valid reason/ground to interfere with the (C.) Rule 4(5) of the A.C.P. Rules, 2003 even though provides that the prescribed requirements and mode of sanction of financial progression under the scheme (A.C.P. scheme) shall be the same which are prescribed under the Recruitment/Service Rules for regular promotion against vacancies and if the Rules/Resolutions prescribe passing of Department Examination or any qualification for promotion, shall also be an essential condition for sanction of benefit under the scheme will not affect the claim for grant of A.C.P. after completion of twelve/twenty four years of service for the reason that such financial progression under the A.C.P. scheme is nly in situ promotion and nothing more. This is even notwithstanding any such requirement of passing any Departmental Examination or acquiring any educational qualification for promotion under the Service/ Recruitment/Promotion Rules.” servations, as made by Hon’ble Amresh Kumar Sinha & Ors (supra) and by the Full Bench of the Patna High Court in , are fully applicable to the instant appeals and in view of these observations and also some ‘Patwaris’, who were similarly placed, have been exempted from passing the afore-referred exam/test and have been granted the benefit of ACP Scales, writ petitioners cannot be deprived of the benefit of ACP Scales on account of their not having cleared/passed the departmental test/ exam for going discussion and in view of the findings as recorded by learned Single Judge(s), we are of the considered opinion that there is no cogent and valid reason/ground to interfere with the MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document LPA-1597-2025 impugned judgments. Resultantly, the appeals in hand, being sans any merit, stand dismissed accordingly. stand disposed of. 2. In view of above, present appeal stands 3. All pending applications also stand disposed of accordingly. 26.05.2025 Mohit goyal 1. Whether speaking/reasoned? 2. Whether reportable? 2025 (O&M) impugned judgments. Resultantly, the appeals in hand, being sans any merit, stand dismissed accordingly. 10. All the pending miscellaneous applications also stand disposed of.” In view of above, present appeal stands dismissed All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA (DEEPINDER SINGH NALWA) 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No impugned judgments. Resultantly, the appeals in hand, being sans any merit, stand dismissed accordingly. All the pending miscellaneous applications also dismissed smutatis mutandis. All pending applications also stand disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE (DEEPINDER SINGH NALWA) JUDGE Yes/No Yes/No MOHIT GOYAL 2025.05.27 11:42 I attest to the accuracy and integrity of this document