2026:JHHC:11765 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5735 of 2024 Rabindra Kumar, aged about 62 years, son of late Nageshwar Prasad, resident of Baramuri, PO & PS-Dhanbad, District-Dhanbad (Jharkhand) ... … Petitioner(s) Versus 1. The State of Jharkhand 2. The Secretary, Road Construction Department, Govt. of Jharkhand, having office at Project Bhawan, Dhurwa, PO & PS-Dhurwa, District- Ranchi (Jharkhand) 3. The Engineer in Chief, Road Construction Department, Govt. of Jharkhand, having office at Project Bhawan, Dhurwa, PO & PS-Dhurwa, District-Ranchi (Jharkhand) 4. The Superintending Engineer, National Highway Circle, Dhanbad, Road Construction Department, Govt. of Jharkhand, having office at Dhanbad, PO & PS-Dhanbad, District-Dhanbad (Jharkhand) 5. Executive Engineer, National Highway Division, Dhanbad, Road Construction Department, Govt. of Jharkhand, having its office at Dhanbad, PO & PS-Dhanbad, District-Dhanbad (Jharkhand) ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Saurabh Shekhar, Advocate For the Respondent(s) : Mr. Vishal Kr. Rai, Advocate -------- Order No. 4/Dated: 15th April 2026 The instant writ application has been preferred by the petitioner for the following reliefs: “(i) For issuance of appropriate writ(s)/ order(s)/ direction(s), particularly a writ in the nature of certiorari for quashing and setting- aside of letter, as contained in Memo No.459, dated 15.05.2015 (Annexure-3), issued by respondent no.5, whereby, the benefit of ACP/MACP and time bound promotion has been denied, on the basis of the fact that the petitioner has not passed the departmental examination; For issuance of appropriate writ(s)/ order(s)/ directions particularly a writ in the nature of mandamus commanding upon the respondents to grant the benefit of the time hound promotion, ACP and MACP, which though was sanctioned but was not enhanced for the reason that the petitioner had passed Paper- V of Accounts Examination (Departmental Examination); 2026:JHHC:11765 2 (iii)For issuance of appropriate writ(s)/ order(s)/ direction(s), particularly a writ in the nature it mandamus commanding upon the respondents to grant the benefit of time bound promotion, ACP/ second MACP/ third MACP, w.e.f 11.11.1995, 09.08.1999. 01.09.2008 & 11.11.2015, respectively, and further to fix the pensionary benefit on the revised pay-scale, and also to grant arrears of salary, alongwith the pensionary benefit; AND OR For the issuance of any other appropriate writ(s)/order(s)/direction(s) for doing conscionable justice to the petitioner.” 2. The grievance of the petitioner is that though he is entitled for time bound promotion, ACP/2nd MACP/3rd MACP benefit with effect from 11.11.1995, 09.08.1999, 01.09.2008 and 11.11.2015 respectively however same has been denied only on the ground that he has not passed departmental examination conducted by the department. 3. At the outset, learned counsel for the petitioner submits that the issue involved in this writ application has already been decided in the case of “Amresh Kumar Singh & Ors. V. State of Bihar & Ors.” 1 wherein at paragraph nos. 15 to 18 the Hon’ble Apex Court has categorically held that passing of the departmental examination is not necessary in situ promotion as such learned counsel prays that the impugned order may be quashed and set aside and the respondents may be directed to grant the benefit of time bound promotion, ACP/2nd MACP/3rd MACP w.e.f. 11.11.1995, 09.08.1999, 01.09.2008 and 11.11.2015. 4. In opposition to the above, learned counsel for the State could not dispute the legal position that the issue involved in this writ application is same and similar with that of Amresh Kumar Singh (supra). 5. It is now well settled that the object and purpose of ACP/MACP scheme is to relief the frustration on account of stagnation and it does not involve actual grant of promotional post but merely monetary benefit in the form of next higher grades subject to fulfillment and qualification. Both ACP/MACP schemes are devised with the object of ensuring that the employee who are unable to avail adequate promotional 1 2023 SCC OnLine SC 496 2026:JHHC:11765 3 opportunities gets some form of regular financial upgradation. For brevity, paragraph nos. 14 to 19 of the order passed by the Hon’ble Apex Court in Amresh Kumar Singh (supra) are extracted hereinbelow: “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 situ promotions are made to remove stagnation of grade C and grade D employees by giving them certain monetary benefits. 17. It was further observed that fulfilment of educational qualifications prescribed under the recruitment rules for the purposes of promotion are not necessary for non-functional in situ promotion. In other words, educational qualification required for the purposes of promotion is not necessary for the grant of in situ promotion, i.e., only for extending the monetary benefit where there are no promotional avenues and the employees are likely to be stagnated. 18. In the aforesaid case, the employees were working as malis (Gardeners) and had claimed promotion in the higher pay scale. The Central Administrative Tribunal seized of the original applications observed that the employees cannot claim the scale of the next higher post by way of in situ promotion. On the matter being taken to the High Court by way of a writ petition, the contention of the employees was accepted and it was observed that the object of in situ promotion on non-functional posts, is to ensure that the group C and D employees are not stagnated in the same cadre/pay scale and that they should be provided with certain monetary benefits. Therefore, the rejection of the claim for such nonfunctional in situ promotion on the ground that the employees do not possess the necessary minimum qualification of matriculation as per the rules is not justified and renders the order erroneous in law. The view so taken by the Division Bench of the High Court was affirmed by this Court in the above referred Civil Appeals holding that the High Court has correctly analysed the object of the in situ promotion and fixation of pay scales to Group C and D employees to avoid stagnation. 19. In view of the aforesaid legal position coupled with the fact that the qualification of graduation prescribed is for the promotion to the post of Accounts Officer rather than for the grant of in situ promotion 2026:JHHC:11765 4 on the non functional post or for extending the benefit of ACP which is purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post, we are of the opinion that the judgment and order of the Division Bench of the High Court impugned in the appeals cannot be sustained. It is accordingly hereby set aside and that the judgment of the writ court dated 28.11.2017 is restored. The appellants are extended the benefit of ACP, as directed by the writ court.” 6. Accordingly, having regard to the aforesaid settled legal position, the instant writ application is allowed and the order dated 15.05.2015, is hereby, quashed and set aside. The respondents are directed to grant ACP/MACP and calculate the financial benefit ignoring the objection raised by them of passing of departmental examination and pay the same including pension within a period of 12 weeks from the date of receipt of copy of this order. 7. The instant writ application stands allowed. 8. Pending I.As., if any, also stand disposed of. (Deepak Roshan, J.) 15th April 2026 Amit Uploaded on 15/05/2026