In a significant ruling, the Jharkhand High Court, presided over by Justice Ananda Sen, clarified that the entitlement to financial upgradation under the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes is based solely on the completion of requisite regular service, irrespective of additional qualifications acquired thereafter. This decision underscores the principle that such benefits are designed to address stagnation in service and are not contingent upon the acquisition of further educational or professional qualifications.
The case revolved around a petitioner who was appointed to the Road Construction Department of Bihar on April 15, 1980. After completing 30 years of service, he passed the accounts examination on August 23, 2009. Subsequently, he was granted the 1st and 2nd ACP benefits effective from August 23, 2009, and the 3rd MACP benefit from April 15, 2010, with approvals from the Commissioner. However, these benefits were later rescinded through Memo No. 360 dated February 11, 2013, without prior notice. Challenging this, the petitioner filed a writ petition, leading the Court to quash the cancellation on February 4, 2019, and remand the matter for reconsideration.
Despite the Court's directive, the authorities altered the effective dates of the petitioner's ACP/MACP benefits by over a decade, citing a Finance Department Resolution from 2014 that addressed delays in passing departmental examinations. The petitioner contended that this resolution was prospective and should not retroactively affect his accrued benefits, especially since his entitlements predated the resolution. He argued that the shifting of benefit dates was illegal and contrary to the Court's earlier order, seeking restoration of the original benefit dates along with consequential monetary benefits and interest.
The State respondents maintained that the petitioner became eligible for ACP/MACP benefits only after passing the departmental examination in August 2009, and thus, benefits could not be granted from 1999. They relied on the 2014 Finance Department Resolution to support their stance.
In its judgment, the High Court emphasized that the ACP and MACP schemes are designed to provide financial upgradation to employees who have stagnated in their positions due to a lack of promotional avenues. These schemes are not actual promotions but are intended to offer monetary benefits to eligible employees. The Court held that once an employee completes the requisite years of regular service, they are entitled to these benefits, regardless of whether they have acquired additional qualifications or passed specific examinations thereafter. The Court further noted that subsequent government resolutions cannot retroactively affect accrued service benefits.
This ruling aligns with previous judgments, including those by the Supreme Court, which have consistently held that financial upgradations under the ACP/MACP schemes are not contingent upon the possession of higher qualifications. For instance, in the case of Amresh Kumar Singh & Ors. v. The State of Bihar & Ors., the Supreme Court observed that insisting on higher qualifications for financial upgradation would defeat the purpose of the ACP/MACP schemes, which aim to alleviate stagnation by providing monetary benefits without actual promotions.
In conclusion, the Jharkhand High Court's decision reinforces the principle that financial upgradation under the ACP and MACP schemes is a right accruing from the completion of qualifying service and should not be withheld due to the absence of additional qualifications. This judgment serves as a precedent, ensuring that employees are not unjustly denied benefits designed to compensate for the lack of promotional opportunities in their career progression.
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