IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.202 of 2010 1. RAM EKBAL SINGH S/O LATE JHINGUR SINGH R/O VILL- TAJPUR, P.S- SHEOHAR, DISTT- SHEOHAR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, null WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR,PATNA 3. THE ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, MUZAFFARPUR 6. THE SUPERINTENDING ENGINEER, TIRHUT CANAL CIRCLE, MUZAFFARPUR 7. THE EXECUTIVE ENGINEER, TIRHUT CANAL DIVISION, RATWARA, DISTT- MUZAFFARPUR ----------- 2 21.6.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 6.12.2008 passed by the Chief Engineer, Water Resources Department, Muzaffarpur contained in Memo no. 4117, whereby the claim of the petitioner for granting benefit under Assured Career Progression has been rejected on the ground that he has not passed Accounts examination and now he has retired from service on 29.2.2008. Petitioner was appointed on the post of Moharrir in the year 1971. His case for 2 regularization remained pending for several years, though as submitted by the petitioner’s counsel persons junior to him were regularized much earlier. The services of the petitioner was regularized on the post of Moharir vide letter no. 18 dated 11.1.1990 considering the direction of this Court in CWJC No. 7132 of 1988. Petitioner’s case is that the respondents did not consider his case relating to benefit under Assured Career Progression Scheme till the date he retired from his post in the year 2008. It is submitted by the petitioner’s counsel that under the scheme eligibility criteria has been mentioned under Clause 4 of the Scheme, which only provides that any employee who has not been granted regular promotion on completion of 12 years of his service will be granted financial progression and on completion of 24 years he will be entitled for second financial progression. 3 Before his retirement, petitioner has completed 25 years of his service and at no point of time he was given any regular promotion while in service. Counsel for the petitioner further submits that it is well settled and decided in many cases for granting ACP passing of Accounts’ examination is not a pre-condition. The only pre-condition is completion of 12 years and 24 years of regular service, and such requirement is fulfilled by the petitioner. Considering these facts and also that the petitioner has now retired from his service, in this circumstance, the condition which has been imposed by the respondents in the impugned order relating to passing of Account’s examination, cannot be fulfilled. For this reason the petitioner cannot be denied the benefit for which he is entitled on completion of 12 years and 24 years of service. The order dated 6.12.2008 contained in memo no. 4117 4 is quashed. The respondent no.5 is directed to pass necessary orders granting benefit of first and second integrated Assured Career Progression Scheme to the petitioner. Necessary orders must be passed within four weeks from the date of production/communication of this order and the consequences thereof must be allowed to the petitioner within further two weeks, from the date of passing of the order. The writ application stands allowed. (Mridula Mishra,J.) A.kumar