The Jharkhand High Court, in a decisive judgment, reiterated that financial upgradation under the ACP (Assured Career Progression) and MACP (Modified Assured Career Progression) schemes should be granted purely based on the completion of qualifying service, and not be linked to any additional educational qualifications.
The case was heard by Justice Ananda Sen, in response to a petition filed by Rabindra Prasad, a retired employee of the Road Construction Department. He challenged the cancellation and shifting of his ACP/MACP benefits by more than ten years due to a resolution passed in 2014 by the Finance Department.
Background
Rabindra Prasad was appointed on April 15, 1980, and completed 30 years of service. He cleared the departmental accounts exam on August 23, 2009. Based on this, he was granted 1st and 2nd ACPs from August 2009 and the 3rd MACP from April 15, 2010. These benefits were approved and documented by the competent authorities. However, through Memo No. 360 dated February 11, 2013, his 2nd and 3rd upgradations were revoked without prior notice. The High Court had earlier quashed this cancellation in 2019 and directed a reconsideration.
Later, relying on Finance Department Resolution No. 1779 dated May 21, 2014, the authorities again shifted his benefits by 10 years and 14 days, issuing new memos that effectively delayed his entitlements and completely ignored the 3rd MACP.
Rabindra Prasad argued that the 2014 resolution was issued after his entitlements had already accrued and hence cannot be applied retrospectively. He contended that the ACP and MACP benefits should be based on the completion of required years of service, not the date of clearing any examination. He requested the court to restore his benefits to their original effective dates and provide the consequential financial payments with interest.
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The state authorities submitted that since the petitioner passed the departmental exam in 2009, his eligibility for financial upgradation began only from that point. They justified the delay by citing the 2014 resolution which shifted the eligibility based on the date of passing the required examination.
The Court firmly rejected the state’s argument. Citing the Supreme Court’s judgment in Amresh Kumar Singh vs. State of Bihar, the Court emphasized:
“Financial upgradation under ACP/MACP is intended to avoid stagnation in posts with limited promotional avenues and should not require additional qualifications like promotions do.”
The judgment clarified that ACP/MACP are not promotions, but monetary upgrades meant to reward long service without promotional opportunities.
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It further noted:
“If higher qualifications are insisted upon for granting ACP/MACP, the very object of the schemes would be defeated.”
Accordingly, the Court quashed the impugned memos and directed the authorities to restore the petitioner’s 1st and 2nd ACPs and 3rd MACP from their originally granted dates.
Case Name : Rabindra Prasad v. State of Jharkhand & Ors.
Case No. : W.P. (S) No. 816 of 2021
Counsel for the Petitioner : Sahadeo Choudhary, Advocate
Counsel for the Respondents : Indranil Bhaduri, SC IV
