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2016 DIGILAW 1571 (JHR)

Sudin Yadav, S/o Late Bodhi Yadav v. State of Jharkhand

2016-11-22

SHREE CHANDRASHEKHAR

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ORDER : The petitioner claiming benefits under ACP scheme with effect from 2004 has approached this Court by filing the present writ petition. 2. Heard. 3. Briefly stated, the petitioner was appointed on compassionate grounds on 10.03.1992. He passed Hindi Noting and Drafting Examination held on 08.12.1993. The petitioner has claimed that on completion of 10 years' service on 10.03.2002, he became entitled for 1st ACP, however, MACP benefit has been granted to him with effect from 25.08.2010. 4. In the counter-affidavit, the respondent-State has asserted that in view of Resolution dated 21.05.2014 of the Finance Department, whereunder grant of ACP/MACP benefits is regulated, the petitioner became entitled for MACP benefits when he passed the Final Level Accounts Examination, that is, on 24.08.2010. 5. Resolution dated 21.05.2014 is an elaborate one, whereunder details for grant of ACP/MACP benefits has been enumerated by example. In terms of Resolution dated 21.05.2014, an employee is entitled for MACP (which replaced the previous ACP scheme) benefits from the date he passes the Final Level Accounts Examination. It is an admitted fact that the petitioner passed the Final Level Accounts Examination on 24.08.2010 and accordingly, he has been granted MACP benefits with effect from 25.08.2010. Reliance placed on the decision in Anil Chandra Tiwary Vs. State of Jharkhand & Ors., CWJC No.1801 of 2001, is misplaced. In that case, the issue was for grant of time-bound promotion (which was replaced by ACP scheme). In the said case, it has been held by this Court that for time-bound promotion under the existing rules it was not necessary to pass Hindi Noting and Drafting Examination as well as the Final Level Accounts Examination whereas, grant of ACP scheme is statutory in nature and it is one of the conditions that a candidate must pass Hindi Noting and Drafting Examination as well as the Final Level Accounts Examination. 6. In view of the aforesaid facts, the writ petition stands dismissed.