IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.908 of 2010 1. Syed Aftab Alam S/O Late Syed Nurul Hoda, R/O 1/D, Namaskar Enclave, 175(A), Patliputra Colony, P.S- Patliputra, Distt- Patna 2. Mohammad Shamim S/O Md. Serajuddin, R/O Moh- Danapur Cantt,. P.S- Danapur, Distt- Patna 3. Pashupati Nath Jha S/O Late Mangal Jha R/O Moh- Jaiprakash Nagar, Road No.4, P.S- Rajivnagar, Distt- Patna Versus 1. The State Of Bihar Through The Principal Secretay, Department Of Finance, Bihar, Patna 2. The Chief Engineer, (Head Quarter), Rural Works Department, Bihar,Patna 3. The Chief Engineer, (Advance Planning), Road Construction Department, Govt. Of Bihar, Patna 4. The Superintending Engineer, Advance Planning Circle, Road Construction Department, Govt. Of Bihar, Patna ----------- 3. 02.09.2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be Accounts Clerk now designated as Senior Accounts Clerk (Graduate) posted in different divisions of the Rural Works Department. Their services are called the Accounts cadre of Ministerial Staff of Class-III. The Bihar Accounts Service Rules 2000 (hereinafter referred to as the ‘Rules’) which came into effect on 15.3.2000 provides for promotion to the basic grade of the Accounts service from the Accounts cadre of Ministerial Staff of Class-III. Such promotions under Rule 17(3) is to be made on basis of a limited competitive examination and under Rule 19 and 20 the quota for promotional vacancies cannot exceed 25% in the basic grade. The contention of the petitioners is that the 2 next promotional post for them in the basic grade of the Accounts service is identified in Schedule-V of the Accounts service in the pay scale of Rs. 6500-10,500/- and the next promotional post is that of Senior Accounts Officer and onwards. They desire to be considered for grant of A.C.P. in the basic grade of the next higher promotional post. The promotional quota of 25% available for persons like the petitioners is specified in the Rules. The counter affidavit wrongly avers with reference to Rule 17(4) that in absence of quota for promotional posts the benefit of A.C.P in the next promotional post at the basic of the grade cannot be given to the petitioners. The respondents in their counter affidavit acknowledge the availability of the next promotional post for the petitioners and their entitlement to A.C.P. in the basic grade of the same. The counter affidavit at Paragraphs 10 and 11 seek to justify denial of A.C.P. on the ground that the quota for such promotional vacancy is not provided for in the Rules. Once the respondents acknowledge the promotional avenue for the petitioners under the Rules, it is difficult to appreciate how they can contend that the benefit of A.C.P. shall not be available only for absence of the promotion quota. If the rules are silent in that aspect, 3 it merely requires an executive instruction to supplement the Rules. If that were not enough, the pleadings in the counter affidavit for lack of promotional quota is a complete error of record. Rules 19 and 20 adequately provide for the same. If the deponent of the counter affidavit had been more careful and aware of his duties not only to the Government in defending its interests but also realized the seriousness of a proceeding before this Court and of the statements made by him on oath, perhaps a counter affidavit of the present nature in teeth of the statutory Rules may not have been filed with utmost casualness. That is an aspect which the Court expects the Principal Secretary, Department of Finance, to adequately examine so that in future such casual counter affidavits in teeth of the statutory provisions and the State litigation policy is not filed completely oblivious with the duties and responsibilities of the deponent generating unnecessary litigation. Let the respondents now examine the claim of the petitioners for grant of A.C.P. within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)