RANCHI, India, Dec. 17 -- Jharkhand High Court issued the following order on Nov. 17:

1. Ms. Kavita Singh, learned counsel for the petitioner appears through virtual mode. She has no complaint regarding the quality and clarity of video and audio.

2. Heard the parties.

3. The petitioner claims benefit of ACP which was rejected on the ground that the petitioner has not passed the departmental examination and there is no guideline to exempt the retired employee from passing the examination to get the benefit of ACP.

4. It is the case of the petitioner that no examination was ever held when the petitioner was in service. Thus, he could not avail the benefits of the said examination.

5. A similar type of dispute arose before the Hon'ble Supreme Court in the case of "Amresh Kumar Singh & Ors. vs. State of Bihar & Ors." reported in 2023 SCC OnLine SC 496 (decided on 25th April, 2023).

In the aforesaid case, the grant of ACP was denied, as the candidates did not possess their minimum qualification i.e. Graduation, which was prescribed for promotion to the next higher post. The Hon'ble Supreme Court while dealing with the aforesaid case, had held that the object of the 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. This is granted to the employees on the post held by them without disturbing seniority and for avoiding stagnation. The Hon'ble Supreme Court also relied upon the judgment of "Union of India vs. C.R. Madhava Murthy" reported in (2022) 6 SCC 183. It is necessary to quote para-13, 15 and 16 of the judgment of Amresh Kumar Singh (supra), which are as hereunder:-

"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.

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 Neutral Citation 2025:JHHC:3461 4 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."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfBeTa1Fgq1mgKkPCmae0LVttcQAPg9GG7AWWuMiVnZsB&caseno=WPC/3493/2022&cCode=1&cino=JHHC010248472022&state_code=7&appFlag=)

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