2026:JHHC:12208 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4425 of 2024 ------- 1 Gautam Kumar Sahu, aged about 64 years, Son of Late Baikunth Nath Sahu, Resident of Village Chhota Parulia, P.O. Chhota Parulia, P.S. Barsole, District- East Singbhum, State-Jharkhand. 2. Jai Narayan Choudhary, aged about 63 years, Son of Late Parmeshwar Choudhary, Resident of New Colony, Baban Bigha, Caster Town, P.O. Deoghar, P.S. Deoghar, District- Deoghar, State-Jharkhand. 3. Ram Nandan Choudhary, aged about 66 years, Son of Late Jaglal Choudhary, Resident of Village Jhakhar Tand, Ratu, P.O. Ratu Chatti, P.S. Ratu, District Ranchi, State Jharkhand. …… Petitioners Versus 1. The State of Jharkhand 2. The Director General of Police, Jharkhand, Ranchi having its office at Police Head Office, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 3. The Deputy Inspector General of Police (Personnel), Jharkhand, Ranchi having its office at Police Head Office, P.O. Dhurwa, P.S. Dhurwa, District Ranchi. 4. The Senior Superintendent of Police, Jamshedpur, P.O. Jamshedpur, P.S. Jamshedpur, District East Singhbhum. 5. The Superintendent of Police, Deoghar, P.O. Deoghar, P.S. Deoghar, District Deoghar. 6. The Superintendent of Police, P.O. Chatra, P.S. Chatra, District Chatra …..Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. Dhananjay Kr. Dubey, Adv. For the Res.-State : Mr. Ankit Kr. AC to G.P-VI ------- 09/Dated:23.04.2026 The instant writ application has been preferred by the petitioner for the following relief:- (i) For issuance of an appropriate writ(s) /order(s)/direction(s), in the nature of certiorari, for quashing of the Memo No. 779 dated 12.07.2022, as 2026:JHHC:12208 2 contained in Annexure-2, whereby and whereunder, the petitioner no. 1 has been denied 2nd Assured Career Progression/ Modified Assured Career Progression on account of passing the departmental examination in the year 2014; (ii) For issuance of an appropriate writ(s) / order(s) / direction(s), for quashing the minutes of the meeting dated 25.05.2022, as contained in Annexure-4, whereby the claims of the petitioners have been rejected on account of the non- passing of the departmental examination: (iii) For issuance of an appropriate writ(s) /order(s) /direction(s), for quashing the order issued vide Memo No. 1153 contained as dated 03.11.2021, in Annexure-6, whereby and whereunder, the petitioner no. 3 has been denied second Assured Career Progression /Modified Assured Career Progression on account of delay in passing the departmental examination. All the above three orders and minutes are bad in law in view of the issues settled by the Hon'ble Supreme Court in the case of Amresh Kumar Sinha and others Versus The State of Bihar and others (S.L.P. Nos. 8219-8226 of 2019) as contained in Annexure-8 to the amended writ application, as well as the order and judgment, enclosed as contained in Annexures-9 and 10 to the amended writ application; 2026:JHHC:12208 3 (iv) For issuance of an appropriate writ(s) /order(s)/direction(s), directing the respondents to re- consider the case of the petitioners for grant of benefit of Modified Assured Career Progression after completion of ten, twenty and thirty years of service in view of the judgment rendered by the Hon'ble Supreme Court dated 25.04.2023 in the case of Amresh Kumar Singh and others Versus The State of Bihar and others as well as the said judgment followed by this Hon'ble Court in W.P. (S) No. 5307 of 2022 in the case of Somnath Ojha Versus the State of Jharkhand and others dated 15.01.2024, as contained in Annexure-9, and also in view of the judgment rendered by the Larger Bench of the Hon'ble Patna High Court in C.W.J.C. No. 18727 of 2017 along with the other cases as decided on 28.06.2024, as contained in Annexure- 10, whereby the Hon'ble Supreme Court and the Hon'ble High Court has specifically decided for grant of the benefit of the Assured Career Modified Assured Progression Career Progression, there is по requirement to pass the departmental examination; (v) For issuance of an appropriate writ(s) /order(s) /direction(s), directing the respondents that after grant of the benefit of Assured Career Progression /Modified Assured Career Progression in view of the judicial pronouncement made by the Hon'ble Supreme Court as 2026:JHHC:12208 4 well as the Hon'ble High Court to grant the arrears of the same and accordingly, to revise the pensionary benefits, since all the petitioners have already retired from their services: (vi) For issuance of an appropriate writ(s) /order(s) /direction(s), directing the respondents to shift the date of first Assured Career Progression /Modified Assured Career Progression with regard to the petitioner nos. 1 and 3 after completion of ten year of service and further be pleased to grant the benefit of second Assured Career Progression/ Modified Assured Career Progression on completion of twenty years in regular service which the petitioners have rendered continuously in department: (vii) For issuance of an appropriate writ(s) /order(s)/direction(s), directing the respondents to grant the benefit of first, second and third Assured Career Progression /Modified Assured Career Progression to the petitioner no. 2, since he has completed the ten-year, twenty year and thirty years of regular service. 2. At the outset, learned counsel for the petitioners submits that though the petitioners were entitled for ACP as per the notification, but those were denied only to the extend that since the petitioners passed departmental examination from different dates 2026:JHHC:12208 5 therefore respondents have given the ACP from different dates. 3. As a matter of fact, in the supplementary counter affidavit filed on 13.01.2026, a detail chart has been given in para-5, which shows that only due to non- passing of departmental examination, they have started paying ACP/MACP benefit from the date of passing of the examination. 4. Learned counsel for the petitioners contended that the law is now no more res-integra in view of the fact that in the case Amresh Kumar Singh reported in 2023 SCC Online SC 496, it has been held that for ACP/MACP benefit passing of any examination is not necessary. Accordingly, necessary order be passed that the petitioners be entitled from the date of their right as per the notification and not from the date of passing of examination by the petitioners. 5. Learned counsel for the respondent does not oppose the contention, inasmuch as, ACP has been granted from the date of passing of their examination. Further, he could not dispute the settled proposition that the issue in the case of Amresh Kumar Singh (supra) governs the Lis in this writ application. 6. Having regard to the above, this writ application stands allowed and the impugned order dated 2026:JHHC:12208 6 12.07.2022 as contained in Memo No.779 (Annexure-2), minutes of meeting dated 25.05.2022 (Annexure-4), Memo no.1153 dated 03.11.2021 (Annexure-6); are hereby, quashed and set aside in view of the fact that now the law is well settled that non-passing of departmental examination will not be any hindrance in getting the ACP/MACP benefit and that has to be paid as per the notification, inasmuch as, the petitioners are entitled for First ACP after 10 years, Second ACP after 20 years and Third ACP after 30 years. 7. As such, respondents are directed to rectify the original order granting ACP in view of the fact that the petitioners are entitled for ACP benefit as per year of service read with the notification and passing of examination is not necessary and thereafter pass an order in case of individual petitioners. 8. The entire exercise shall be completed within 12 weeks and the amount which would accrue after passing of the fresh order shall be credited in the account of the petitioners within further period of three weeks. 9. It goes without saying that since all these petitioners are retired employees therefore, the revision of pension should also be done within the aforesaid stipulated time and necessary orders/letters shall be 2026:JHHC:12208 7 issued in favour of the Accountant General Office or Refixation Office. 10. As a result, the instant writ application stands allowed. Pending I.A.s if any, also closed. (Deepak Roshan, J.) April 23, 2026 NAFR/AFR Uploaded on 05/05/2026 Fahim/-