2026:JHHC:2722 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6107 of 2017 -- Dr. Prem Kumar age 67 years son of Sri Rajeshwari Prasad Gupta, resident of Basaurha, P.O. Sadisopur, P.S. Bihta, District Patna, Bihar ....Petitioner Versus 1. The State of Jharkhand. 2. The Joint Secretary, Department of Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Project Building, P.O. and P.S. Dhurwa, District-Ranchi. 3. The Additional Chief Secretary, Department of Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Project Building, P.O. and P.S. Dhurwa, District-Ranchi 4. The Deputy Secretary, Department of Health, Medical Education and Family Welfare Department, Govt. of Jharkhand, Project Building, P.O. and P.S. Dhurwa, District-Ranchi ...Respondents -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : Ms. Chandana Kumari, Advocate Mr. Kumar Swapni, Advocate For the Respondents : A.C to S.C.-VI -- 15/30.01.2026 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the Petitioner for the following reliefs: i. For quashing the order dated 16.12.2016 issued under the signature of respondent No. 2 and the correction letter dated 6.7.2017 issued under the signature of respondent No. 4, whereby and whereunder, the petitioner has wrongly been shown granting the benefit of 1st Assured Carrier Progression (ACP) and 2nd Modified Assured Carrier Progression (MACP) w.e.f. 9.8.1999 and 15.6.2009, respectively. ii. For a direction upon the respondent authorities to grant the benefit of 1st ACP and 2nd MACP to the petitioner w.e.f. 7.12.1999 and 7.12.2007, respectively, particularly in view of the fact that the date of joining of the petitioner is 7.12.1987. iii. For a direction upon the respondent authorities directing them to pay the statutory interest to 2026:JHHC:2722 2 the petitioner on account of wrong fixation of pay scale of the petitioner. 3. The initial grievance of the petitioner was that he was not getting the 1st and 2nd ACP from the correct date. 4. Learned counsel for the State submits that so far as the 1st ACP is concerned; his grievance has already been redressed by rectifying the date; however, he could not get the 2nd ACP after a gap of 10 years from getting the 1st ACP because he could not pass the departmental examination of Hindi Noting & Drafting. However, he could not dispute the fact that the issue with regard to passing of departmental examination for ACP/MACP benefits has been set at rest by Hon’ble Apex Court in the case of Amresh Kumar Singh & Ors Versus State of Bihar & Ors.,1 wherein at paragraph nos. 9 to 19, the Hon’ble Apex Court has held as under: “9. The Bihar Accounts Service Rules, 2000 as notified on 28th March, 2000 vide Rules 17 and 20 read with Schedule I thereof provides for recruitment by way of promotion. The aforesaid Rule 17, inter alia, provides that for promotion on the basis of grade of service, candidates must possess qualifications mentioned in Schedule I which, inter alia, provides that for promotion to Bihar Accounts Service, the minimum educational qualification shall be graduation. 10. At the same time Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003 vide sub-Rule (5) of Rule 4 lays down that if the rules prescribe passing of the departmental examination or any qualification for promotion that shall also be an essential condition for sanction of benefit under the scheme. In other words, possession of essential qualification prescribed under the rules is necessary for grant of benefit under the scheme, i.e., ACP. 11. It is in view of the above rules, the contention of the State is that until and unless the Accountant Clerks possess the minimum educational qualifications of graduation, they are not entitled to promotion in the grade of Bihar Accounts Service that is the Accounts Officer. 12. It may be worth noting that the ACP scheme was enforced on 1 2023 SCC OnLine SC 496 2026:JHHC:2722 3 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 & Others Vs. C.R. Madhava Murthy & Anr. (2022) 6 SCC 183, as one to relieve the frustration on account of stagnation and it does not involve 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 and Anr. Vs. G.Ranjanna and Ors. 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 non-functional 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. 2026:JHHC:2722 4 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 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.” 5. Having regard to the admitted position and also the law settled by the Hon’ble Apex Court in the above referred case, the instant writ application stands allowed. The respondents are directed to recalculate the benefit of the petitioner by rectifying the date of 2nd ACP / 3rd MACP, inasmuch as, the ground for passing of departmental examination for getting the ACP/MACP benefits is not required in view of the Apex Court judgment. 6. Accordingly, the respondents are directed to give all consequential benefits to the petitioner. The entire exercise shall be completed within a period of eight weeks from the date of receipt/production of a copy of this order. 7. Consequently, the instant writ application stands allowed. Pending I.A(s), if any, also stands closed. (Deepak Roshan, J.) 30th January, 2026 Jk/ Uploaded on 12/03/2026