2026:JHHC:2870 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 212 of 2019 ---------- Gulab Chand Devi, aged about 64 years, w/o. Rama Shankar Singh, R/o. Village & P.O. Boksa, P.S. Mufassil, Thana Buxar, District Buxar (Bihar). ………. Petitioner Versus 1. The State of Jharkhand through Principal Secretary, Department of Forest, Environment & Climate Change, Govt. of Jharkhand, at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 2. The Principal Chief Conservator of Forest, Govt. of Jharkhand, at Van Bhawan, Doranda, P.O. & P.S. Doranda, District Ranchi. 3. The Additional Principal Conservator of Forest, Singhbhum Region, Jamshedpur at Van Bhawan, C.H. Area, North West, Near Sai Temple, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum. 4. The Chief Conservator of Forest, Personnel (Non-gazetted), Van Bhawan, Doranda, P.O. & P.S. Doranda, District Ranchi. 5. The Regional Chief Conservator of Forest, Singhbhum Region, Jamshedpur at Van Bhawan, C.H. Area, North West, Near Sai Temple, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum 6. The Divisional Forest Officer, Jamshedpur Forest Division, Jamshedpur at C.H. Area, Road No. 1, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum. 7. The Conservator of Forest, Singhbhum, Govt. Business Circle, Jamshedpur at P.O. & P.S. Jamshedpur. ………. Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Rishi Pallava, Advocate For the Respondents : Mr. Faisal Allam, AC to SC(M)-III ---------- 15/ 04.02.2026 This application is directed against the order dated 18.10.2016, issued by the 3rd respondents and also the decision taken on 29.08.2016 by the Screening Committee; whereby the grant of ACP and MACP benefit of the husband of petitioner has been denied on the ground of non-passing of Hindi Noting and Drafting Examination. Petitioner has further prayed for quashing of the letter dated 02.02.2018 and 14.09.2017; whereby it has been informed to the petitioner that the case of her husband is not fit for grant of ACPs and MACP benefit on the ground of non-passing of the Hindi Noting and Drafting Examination. 2026:JHHC:2870 2 2. Learned counsel for the petitioner submits that though he is having no instruction since long from his client (Petitioner), however, the issue involved in this application has been decided by the Hon’ble Apex Court in the case Amresh Kumar Singh v. State of Bihar1 wherein their Lordships have held that the object and purpose of ACP/MACP scheme is to avoid stagnation where no promotional avenues are available and passing of any examination is not necessary. For brevity, paras 12 to 16 are extracted herein below: 12. It may be worth noting that the ACP scheme was enforced on the recommendation of the Fifth Central Pay Commission in context with Group C and D employees and it provided monetary benefit to the employees on completion of 12 years and 24 years of regular service who were not able to get promotion. The scheme as such was anti-stagnation and envisages merely placement of the employees in the higher pay scale for the grant of financial upgradation only without grant of actual promotion. The benefit of the ACP as such is like granting non-functional in situ promotion. 13. At the cost of repetition, it must be borne in mind that the object of ACP is to avoid stagnation where no promotional avenues are available. The grant of ACP is not technically a grant of promotion but increase in the pay scale to the next higher grade retaining the employee on the post held by him. This is only to accord monetary benefit without disturbing any seniority or actually effectuating promotion to any higher post to avoid stagnation on a particular post or pay scale for a very long period. 14. The object and purpose of ACP/MACP Scheme has been reiterated by this Court in Union of India v. C.R. Madhava Murthy, (2022) 6 SCC 183, as one to relieve the frustration on account of stagnation and it does not involve actual grant of promotional post but merely monetary benefits in the form of next higher grade subject to fulfilment of qualifications and eligibility criteria. 15. In sum and substance, both ACP and MACP Schemes are schemes devised with the object of ensuring that the employees who are unable to avail of adequate promotional opportunities, get some relief in the form of financial benefits. Accordingly, the schemes provide for regular financial upgradation on completion of 12-24 years and 10-20-30 years of service without promotion. They are incentive schemes for the employees who complete a particular period of service but without getting promotion for lack of promotional avenues. The effect of the schemes must be judged keeping in view the object and the purport of the scheme. 16. In Union of India v. G. Ranjanna reported in (2008) 14 SCC 721, the three-Judges Bench of this Court held that in 1 2023 SCC OnLine SC 496 2026:JHHC:2870 3 situ promotions are made to remove stagnation of grade C and grade D employees by giving them certain monetary benefits. 3. Learned counsel for the respondents does not object the aforesaid contention and also the ratio given in the above referred case wherein it has been held that the object is to avoid stagnation where no promotional avenues are available. 4. Having regard to the aforesaid facts and circumstances of the case it is clear that this case will be governed by the decision referred to hereinabove; the impugned orders are quashed and set aside. The respondents are directed to re-visit with the order strictly in accordance with law laid down by the Hon’ble Apex Court in the case of Amresh Kumar Singh (supra). 5. It goes without saying that the petitioner or his representatives/ legal heirs may approach the respondents since Advocate-on- record is having no instructions and if petitioner/ legal heirs will represent the concerned respondents, their case will be taken into consideration strictly in the light of the judgment referred to herein above. 6. Accordingly, the instant application stands allowed. The Registry is directed to communicate this order to the petitioner at her given address. (Deepak Roshan, J.) 4th February, 2026 Kunal/- Uploaded on 11/03/2026